الزواج المختلط وانعكاساته على الوضع الحقوقي للأسرة

Abstract

Mixed marriage, in its conclusion, its effects and its dissolution, poses many problems of international dimension, whether on the legal, judicial, political, religious or social level.As one of the personal status issues, which is considered to be the most controversial branch of law and interferes with public order requirements, and this is due to the link of personal status legislation to the religion of countries and to the different customs, traditions and cultures that reign there, on which it is built.The legislations of the countries differ on the concept of mixed marriage, its controls and the adaptation of its questions, which raises the problem of conflict of laws and the difficulty of finding the appropriate link of attribution which leads the judge to the law applicable to rule on the subject of the dispute. Although the Algerian legislator has enacted rules of conflict of laws governing mixed matrimonial disputes, the generality, ambiguity and insufficiency of these rules pose problems and obstacles to the judge, causing them not always to respond to cases concrete, especially since most of the case law cited is uncertain about the basic principles and lacks precision and control over the mechanisms of conflict of laws; This affected the rights of the spouses and children of these mixed marriages.