The Problem of Engagement under the Conflict of Laws Rules in Algerian Law

Abstract

The issue of legal engagement in conflict of laws is highly relevant within the framework of Algerian private international law. This is due to the intersection of several complex factors, chief among them being the ambiguity of key legislative texts—namely, the Family Code and the Civil Code—and the dual legal nature of engagement. Engagement is caught between being a moral promise to marry and a potential tortious act when the right to withdraw is misused. It also reflects the broader tension between differing legal and social values across legal systems. The core problem lies in how to reconcile the general conflict of laws rule, which is based on the nationality of the parties, with the need to ensure practical justice for those harmed by the breakup of an engagement. At the same time, the necessity of Algerian public policy intervention must be acknowledged to protect fundamental legal principles