الحماية القانونية لذوي عوارض الأهلية في القانون الجزائري

Abstract

Eligibility is considered one of the components of a natural and moral person, as the Algerian legislator stipulated as a rule the age of 19 years to reach the condition of soundness of mind, that the person should have mental powers and be an adult. The Algerian legislator added another condition, in addition to reason and rationality, which is that he should not be retrained, because a person may develop one of the symptoms of eligibility, either that it does not exist or it lacks it, and the symptoms that diminish eligibility are represented in foolishness and negligence, while the defective symptoms are represented in madness and dementia, and the person who has one of these symptoms is quarantined to protect his money from loss. The Algerian legislator has regulated the provisions of the legal prosecution under the articles of the Family Law and the Civil Code, and this system aims to protect the money of the minor due to his young age or due to the symptoms of eligibility, the legislator has given the legal representative three forms: guardianship, the state , or submission , in which the will of the representative replaces the will of the original.