مدى حرية الزوجين في ابرام عقد الزواج

Abstract

According to the text of Article 04 of the Algerian Family Law No. 84-11, amended and supplemented by Order 05-02, marriage is a consensual contract between a man and a woman in a legal manner, and one of its goals is to form a family based on love and compassion. Cooperation, protection of spouses, and preservation of lineages.This memorandum aims to study the extent of the freedom of the spouses to conclude a marriage contract according to the provisions established by the Algerian legislator, and in order to do justice to this topic, we have divided it into two chapters, the first chapter of which represents the preliminary stage for the marriage contract, the engagement and its effects, which leads us to the subsequent stage of the marriage contract, in which we mentioned the pillars of marriage. Which is based on a single pillar, which is consent, as well as the objective, formal, and legal conditions on which marriage is based. As for the second chapter, it was for the second chapter, it was entitled The extent of the freedom of the spouses in terms of the effects, through which we discussed the financial effects resulting from the freedom of the spouses in their financial liability and the funds shared between them. As for the non-financial effects, we mentioned the joint and individual rights of the spouses and the duties resulting from the spouses towards the family and children.