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 provided for in the Civil Code refer to it, particularly in matters of an international nature such as personal status, contracts, and commerce. The judge is considered obliged to apply it as law rather than as a fact. However, this obligation sometimes encounters difficulties related to proving the content of foreign law and interpreting it, especially when the parties are unable to provide the approved texts or accurate translations. The judiciary also faces technical and institutional challenges, such as lack of training, the absence of databases for foreign laws, and divergent jurisprudence. Nevertheless, the application of foreign law contributes to enhancing justice in private international relations. Developing evidentiary tools, updating legislation, and training judges remain essential factors for improving the effectiveness of the Algerian judiciary in this field.