Challenges in Applying Nationality Law in Cases of Conflicting Laws in Divorce and Physical Separation (The Algerian legislator as an example)

Abstract

The issue of conflict of laws in personal status matters cannot be studied without starting from the established principle for determining the applicable law. The Algerian legislator has relied on the principle of nationality to determine the law applicable to personal status matters. Based on this, the Algerian legislator considered it the best law or rather the principle of assignment that provides the greatest protection for the Algerian individual and for the Algerian public system according to the different requirements of the state. However, the problem is that the application of nationality law in conflict of laws has resulted in several shortcomings that have undermined the rights of the parties at the individual level, particularly the violation of the principle of gender equality, sometimes compromising the interests of the wife, the difficulty in preserving acquired rights, the problem of recognizing physical separation, and other issues that we will try to highlight in the national symposium.

Keywords

• nationality
• divorce
• physical separation
• challenges
• civil law