مبدأ المساواة بين الزوجين وآثار عقد الزواج في قانون الأسرة الجزائري

Abstract

Near the criticism against the Algerian`s family law by the discrimination against woman, which is contrary to the constitution and the exterior engagements of Algeria, the legislator amended it by ordinance 05/02, trying to avoid such criticism by adopting the principal of equality embodied clearly in the articles 36-37 of the family code, which addressed only the commons rights of spouse, while the legislator silent about the rights discriminate between them like taa and kiwam, but they always exist under the referral to Islamic legislation contained in article 222, also in the other texts of the family code itself there are several provisions that discriminate between couple, which proves that the virtual principle of equality is not fully respected, while the equality of spouses according to their capacities and natures is decreasing.