إثبات النسب فى ظل التشريع الجزائري

Abstract

Descentis one of the highest and the most powrful humanties, the legislatoris in line with islamic law in matters of proof of descent. It considers descent to be one of the most important issues in the individual and society , where the law and jurisprudence ensure that it isprotected and maintained This is why the Algerian has doneitincludes all the legalmeans to establish descent in paragraph 1 article 40 of the family code , wich consists of bedding recognition and proof as a basis for proof of descent . Since islamic law is valid for every time and place , it has contributed significantly to the adoption of modern scientific methods in descenti issues of the boys resurrection this wasdone by the algerian legislatureunder the 2005 amendment to the family code which incorporated scientific mechanisms into artical 40 of its final paragraphe of the family code but i twas lessprecise and detailed in this presentation , it generelly adopted this type of means and gave the judge full discretion in the metter of recourse and discretion in descent cases Throught scientific studies and judical work , we have come to seethat the genetic footprint in the most accurate scientific tool in the field of recognition of descent and more appropriate in this type of case as well as one of the most important evidence from which descentise stablished , this confirms the need to protect genealogy and find to prove it .