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National laws and regulations: In the Civil Code:
451. Personality starts at the birth of a living child and ends upon death (Section 25). The child
shall have a name and one or several first names. The name of a man shall be extended to his
children (Section 28).
Nationality Code:
452. A child born to an Algerian father and Algerian mother shall be considered as an
Algerian (Section 6). Under Section 7, Algerian nationality is acquired by birth in Algeria. A
child born in Algeria to unknown parents shall have Algerian nationality.
453. However, a child born in Algeria to unknown parents shall be deemed not to have been
Algerian if, as a minor, the person’s filiation with a foreign national is established, and if in
accordance with the national law of this foreign national, the child has the latter ’s
nationality. A new-born child found in Algeria is presumed to be born in Algeria until evidence
to the contrary. A child born in Algeria to an unknown father and a mother whose name alone
appears on the birth certificate without any indication to prove the nationality of the latter.
Family Code:
454. According to Section 75, the father shall provide for the upkeep of his child unless he does
not have the resources. For the male children, their maintenance shall be up to the time they
attain the age of responsibility and for girls up to the time marriage is consummated. The
father shall continue to be subjected to this obligation if the child is physically or mentally
handicapped or if he is still in school. The obligation ceases immediately the child is able to
meet his own needs.
455. Furthermore, any person who is completely or partially incapacitated as a result of his
young age, insanity or feeble-mindedness or frugality shall be legally represented by a legal
guardian in accordance with the provisions of this Statute (Section 81).
456. The law protects the child in carrying out his actions. As he has not attained the age of
responsibility because of his youthfulness, the actions of the child pursuant to Section 42 of the
Civil Code shall be void (Section 82). When he attains the age of discernment, without being an
adult in the sense of Section 43 of the Civil Code, the actions of the child shall be valid in the case
where the actions are beneficial to him and invalid where they are detrimental to him (Section
83).
457. However, the father shall be the guardian of his minor children. On his demise, the
exercise of guardianship automatically falls on the mother as of right45. Furthermore, the mother
replaces the father in fulfilling all urgent needs of the children in case the latter is absent or
prevented from doing so. In case of divorce, the judge commits the exercise of guardianship to
the parent to whom the custody of the children has been entrusted. The minor child under
guardianship shall be protected in the management of his heritage through clear provisions
that will make the judge intervene to obtain prior authorisation. That is how the person
exercising the guardianship must manage the possessions of his ward in the best interest of
the latter. He is responsible for the common law rules and must seek the authorization of the
judge for the following actions:
sale, sharing, mortgaging of real property and related transaction;
sale of moveable property of a specific value;
commitment of the capital of the minor as loan, borrowing or shareholding
decision;
rental of immoveable property of the minor for a period in excess of three years or
exceeding his age of discernment by one year.
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45
Section 87 amended by Ordinance No. 05-02 of 27/02/2005
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