Reconciliation procedures for breaking the marital link during the pandemic (Corona Covid19)

Authors

  • djamila lounis Monturi University, Constantine 1 Author
  • mousa mermoune Mentouri University Constantine 1 Author

Keywords:

Reconciliation, The judge, Covid19, IDDAH, The exceptional circumstances

Abstract

Reconciliation is considered to be one of the most effective means of ending the conflict through amicable means, without the need for lengthy judicial proceedings, Since the judge the one is authorized to conduct it legally in connection with disputes concerning the divorce, following the procedure prescribed by the Algerian legislature, But not exceeding its duration of ﴾3﴿ months, as stated in article 49 of Family Code, However after the emergence of Covid19. It affected the good conduct of trials, causing the delaying of many cases in progress wish are related tothe dissolution of marriage This poses many problems relating to calculation of the IDDAH piriod and alimony. In this research, we have found that the legislator, although not directly involved in establishing state of a health emergency, Intervened under article 322 of the Code Civil and Administrative Procedure to give the judge the possibility to determine the exceptional circumstances.

Published

2021-12-20

Issue

Section

Articles