Le contrat de mariage non enregistré et le statut des enfants nés de parents inconnues dans le droit de la famille et droit de l’état civil

Abstract

The marriage is one of God’s ways in His creation to regulate mating and reproduction between human beings and family building in accordance with the legitimate matters, a marriage, this sacred link to avoid vice, Forbidden and suspicious relations, and the satisfaction of the sexual instinct and the organization of affiliation and save the lineages in the proper legitimate framework, the Sharia gave great importance to family as well as the the arsenal of the laws, and identified the importance of this link of rights and mutual obligations, and the first commitment in this sacred link should be the documentation of the marriage , In this matter the protection and preservation of the rights the children and the spouse, especially if the resulting children needs to register in the civil case register the marriage contract first if it was not recorded and only became a contract after the procedures for registration request, if the union had been in a legitimate framework, but if an illicit relationship resulted in the children, what is the fate of these, and what are the legal status as legislator Algerian and Islamic law has rights and obligations of these systems within the family law and the law of civil status according to the 70/20 amended and supplemented, so we will look to these different situations and see how the legislator dealt with the adequacy of protection established