أحكام التنزيل في قانون الأسرة الجزائري بین ضابط النص واجتهادات المحكمة العليا

Abstract

This study addresses the heir’s succession provisions in the Algerian Family Code to address the problem of grandchildren, whom their ancestry diedin the life of their grandfather or grandmother or both, depriving them of inheritance because of the existence of closeness degree. The Algerian legislator has adopted the heir’s succession system;it bears the characteristics of both inheritance and will. It is a legal binding will,it is based on the legislator's substitution of the grandfather’s (mother’s) will to take down the grandchild whose origin (father or mother) died in his life or with him, substitution is made only pursuant to a judicial ruling, after the judge has ascertained the existence of the conditions regulated in articles 169-172 of the Algerian Family Code, however, Algeria's legislature has left gaps while regulating succession, which will be highlighted through this study.