الزواج المختلط و آثاره على التشريع الجزائري

Abstract

Intermarriage is one of the most personal private issues . However it seeks to posses enquiries , where the most complecated enquiries is the problem of law’s conflict of including a foreign element. The availability of the objective and formal conditions is a necessity for the intermarriage contract to be done in the right and the appropriate way .The Algerian constitution has singled out the objective conditions with a specific attribution rule (Art 11.civil law) , where it 90 was subjected by the national law to the couple, and the formal conditions to the law of the place where the contract was made . The effect that come up from the intermarriage contract are devided into two sections, the first one personal effects such as the duties and the rights of the couple , legitimate lineage of the children, the acquisition of citizenship and the impact of intermarriage on the family name of the woman and her cligibility .The second section is about the financial effects of the couple with the Algerian constitution in the family law, where it assert in the first paragraph in the art 27 on the financial independence of the couple. However, there is an exception in the second paragraph, which allows the couples to agree in a new contract about the joint assets between them , and the proportions that accrue to each one of them. The Algerian legislator has made a single attribution rule for the effects of marriage through the provision of Art 12 of the same law, which stipulates that the personal and financial effects are subject to the law of the state to which the husband belongs at the time of the marriage. In order to solve the problem of the conflict of several laws to rule the dispute related to intermarriage. The judge is opposed to the problem of adapting and differentiating between competing laws and choosing the most appropriate one and dropping his judgments on the dispute