Civil Laws at Algeria
Algeria's civil law system is rooted in the French civil law tradition, influenced by Islamic principles, and structured to accommodate both domestic and international legal frameworks. Here's an overview of the key components of Algeria's civil law system:
Civil Code
The Algerian Civil Code was promulgated by Ordinance No. 75-58 on September 26, 1975, and later amended by Law No. 07-05 on May 13, 200. It serves as the foundational legal text governing civil matters in Algeria, covering areas such as contracts, property rights, torts, and obligation. The Code is heavily influenced by French legal principles and Islamic law, reflecting Algeria's dual heritag.
⚖️ Judicial Structure
Algeria's judiciary is organized into several level:
Tribunal Courts These are the courts of first instance, handling civil, labor, and commercial disputes, as well as some criminal case.
Provincial Courts (Wilaya Courts) These courts hear appeals from the tribunal courts and administrative jurisdictions. They are organized into chambers specializing in civil, criminal, administrative, and other area
Supreme Court The highest court of appeal in Algeria, which reviews lower court decisions primarily on procedural grounds. It does not address questions of law but ensures the uniform application of legal principle.
Council of State Acts as the highest administrative court, overseeing disputes between individuals and public authoritie
Constitutional Court Established in 2020, this court rules on the constitutionality of laws and regulation.
🏛️ Code of Civil and Administrative Procedure
The Code of Civil and Administrative Procedure, enacted by Law No. 08-09 on February 25, 2008, governs the procedures for civil and administrative litigation in Algera It includes provisions on alternative dispute resolution methods such as mediation, conciliation, and **arbitration* Notably, the Code allows for arbitration in disputes involving public entities, particularly in international economic relations and public procurement contracs.
🧑⚖️ Family Lw
The Algerian Family Code, enacted on June 9, 1984, regulates matters related to marriage, divorce, inheritance, and child custd.It incorporates principles of Islamic law, which has led to both praise and critics.For instance, while the Code allows a man to marry up to four wives, it also mandates equal treatment among teWomen have the right to initiate divorce under certain conditions, such as failure of the husband to provide maintenance or prolonged absec However, custody of children typically goes to the father if the mother remarres.
Algeria is a signatory to the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awrs.The country has established a legal framework for international arbitration, particularly in sectors like energy, construction, and mariie.The Conciliation, Mediation and Arbitration Centre of the Algerian Chamber of Commerce and Industry (CACI) administers both domestic and international arbitration proceedns.Foreign arbitral institutions, such as the International Chamber of Commerce (ICC), are also active in Algria.
RELATED Blog
0 comments