Inconsistency of opinion between jurisprudence and judiciary in terms of the conciliation procedure in cases of talak and tatlik in algerian family law
| dc.contributor.author | yassine, Chami | |
| dc.contributor.author | Ezzerouali, Souad | |
| dc.date.accessioned | 2024-10-25T11:33:05Z | |
| dc.date.available | 2024-10-25T11:33:05Z | |
| dc.date.issued | 2024-02-29 | |
| dc.description | Conciliation, as a legal procedure, holds a significant place within the framework of civil law, particularly in family-related matters. This significance is highlighted by the fact that while Article 41 of the Civil Procedure Code generally permits conciliation, it becomes mandatory in family affairs cases as stipulated by Article 4392.The concept of conciliation, as defined in Article 4583 of the Civil Procedure Code, denotes a contractual agreement through which disputing parties either settle an existing dispute or preemptively avert a potential one by mutually relinquishing their claims. Notably, the Egyptian legal framework uses the term "waiving part of their claims" in Article 5494 of the Civil Procedure Code instead of "waiving their rights" as found in Algerian law's Article 459. | |
| dc.description.abstract | The Algerian legislator has long established conciliation as a means to settle disputes and conflicts. He emphasized on its regulation and organization through objective and procedural legal provisions. The importance of resorting to conciliation rises when it comes to family disputes, as they have a distinct nature and involve sensitive relationships. This stresses the necessity of conciliation in family cases, particularly those related to dissolution of the marital bond, for which detailed procedures are outlined in the Civil and Administrative Procedure Law, under the supervision of the judiciary. Keywords: Talak, Tatlik , Conciliation , Algerian Family Law, Jurisprudence | en |
| dc.identifier.citation | ezzerouali, s. (2024). inconsistency of opinion between jurisprudence and judiciary in terms of the conciliation procedure in cases of talak and tatlik in algerian family law. | en |
| dc.identifier.uri | https://repository.adu.ac.ae/handle/1/6853 | |
| dc.language.iso | en | |
| dc.publisher | University of Tizi-Ouzou | |
| dc.title | Inconsistency of opinion between jurisprudence and judiciary in terms of the conciliation procedure in cases of talak and tatlik in algerian family law | en |
| dc.type | Article |
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