حؽ الطفل في الهبة والوصية
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Date
2024
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جامعة المسيلة
Abstract
This study aims to shed light on the child’s right to a gift and a will, as the Algerian
legislator guarantees the child financial rights that are guaranteed to him other than marriage
and inheritance. These rights result from legal actions represented by a will and a gift. The
importance of these actions lies in the fact that they are dangerous actions because they are a
donation, as Money is sacrificed for free, so legislation was quick to establish necessary
protection for children for those who want to engage in this behavior.
The study concluded that the gift and will are considered an important resource in
developing the child’s financial liability, and that there is some jurisprudential difference in
its details. If the Algerian legislator agreed with the opinion of the jurists regarding the child’s
right to the will, then we find that he disagreed with them regarding the obligatory will or
revelation when he approved it. By the force of the law, as for the gift, we noticed that the
legislator gave it attention similar to the rest of the donation contracts, when it stipulated the
gift to the children.
The child’s right to a gift and a will has been expanded by Islamic law, and the opinions of
jurists have multiplied about it, without differing in its origin, while the Algerian legislator
did not give it the necessary attention. We find that the child’s right to a gift and a will was
not taken from the Family Law, neither a chapter nor a section, but rather was scattered
among the rest of the articles. , on various doors, and this is what is wrong with the Algerian
legislator.
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Keywords
gift, will, child’s right to gift, child’s right to will, protecting the child’s right.