The Status of Foreign Law before the Algerian National Judiciary

Abstract

Foreign law occupies an important position before the Algerian national judge whenever the conflict-of-law rules stipulated in the Civil Code refer to it, especially in matters of an international nature such as personal status, contracts, and commerce. The judge is considered obliged to apply it as law and not as a fact. However, this obligation sometimes encounters difficulties related to proving the content of the foreign law and interpreting it, particularly when the parties fail to provide the approved texts or accurate translations. The judiciary also faces technical and institutional challenges, such as lack of training, absence of databases of foreign laws, and divergence of judicial interpretations. Despite this, the application of foreign law enhances justice in private international relations. The development of means of proof, modernization of legislation, and training of judges remain essential factors in improving the effectiveness of the Algerian judiciary in this field.