The Status of Foreign Law before the Algerian National Judiciary

Abstract

Foreign law occupies an important position before the Algerian national judge whenever theconflict-of-law rules stipulated in the Civil Code refer to it, especially in matters of an internationalnature such as personal status, contracts, and commerce. The judge is considered obliged to apply itas law and not as a fact. However, this obligation sometimes encounters difficulties related toproving the content of foreign law and interpreting it, particularly when the parties are unable toprovide the approved texts or accurate translations. The judiciary also faces technical andinstitutional challenges, such as lack of training, absence of databases for foreign laws, anddivergence in jurisprudence. Nevertheless, the application of foreign law allows for theenhancement of justice in private international relations. Developing evidentiary tools, updatinglegislation, and training judges remain essential factors for improving the effectiveness of theAlgerian judiciary in this field.