التراخيص القضائية لعقود الزواج في قانون الأسرة الجزائري

Abstract

"Judicial authorization is a prior permission or approval issued by the Family Affairs judge upon the request of the parties, allowing them to perform certain legal acts that affect the interest of the family, the minor, or the wife, which may not be undertaken without such authorization. Moreover, this authorization takes the form of an order upon petition (ordresurrequête) and is classified as a judicial act because it emanates from a judicial authority – namely, the Family Affairs judge – and produces legal effects that create or modify legal positions, thereby distinguishing it from purely administrative acts. In sum, we have reached conclusions, the most important of which is that the Algerian legislator sought to limit the abuse of the right to marry through prior judicial supervision, but did not close all loopholes."