LEGAL AND JURISPRUDENTIAL FOUNDATIONS OF MARRIAGE IN ALGERIAN AND COMPARATIVE FAMILY LAW: CONDITIONS AND FORMULATION OF MARRIAGE
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Abstract
This article explores the legal and jurisprudential foundations of marriage within the context of Algerian and comparative family law, focusing on the conditions and formulation of marriage. It examines the historical and contemporary legal frameworks that regulate marriage in Algeria, highlighting key legal provisions, socio-cultural influences, and religious considerations that shape marital institutions. Additionally, the article compares the Algerian legal system with other legal traditions, addressing similarities and differences in the recognition of marriage, its formation, and associated requirements such as consent, age, and capacity. Through a detailed analysis of jurisprudential interpretations, the article also identifies how family law has evolved in response to changing societal values and the role of courts in interpreting marital law. The comparative approach offers insights into potential reforms and the harmonization of legal principles across different jurisdictions.
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References
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