الزواج الفاسد والباطل في التشريع الجزائري

Abstract

The marriage contract is based on a set of regulations and provisions that constitute the legal basis for its validity. Failure to comply with any of these regulations or provisions will result in legal consequences that will affect the legitimacy of the contract. If the breach is related to one of the fundamental pillars of the contract, this results in its absolute nullity. However, if the breach is related to one of the conditions of validity of the contract, this leads to its invalidity. In this context, Algerian law, based on the Hanafi school of thought, has distinguished valid contracts from void contracts, dissociating according to the nature of the reason leading to illegitimacy: valid contracts, invalid contracts, and void contracts. A void contract is automatically voided, whether before or after its consummation, while an invalid contract is voided only before its consummation, but after its consummation, it is considered valid if it is corrected by paying the appropriate dowry. The cause leading to the nullity of a contract is considered major if it is based on one of its fundamental pillars, such as consent, which requires absolute nullity, while the violation of minor provisions or conditions can lead to the nullity of the contract, without this preventing the possibility of rectifying the contract after consumption.