The problematical nature of mixed jurisdictions: The Algerian approach

The present study is a survey of a quite restricted number of particular systems called 'Mixed Jurisdictions'. The study opens with a first part which gives an overview of the particularities of the laws in these mixed systems by retracing the origins of their 'mixture', their essential characteristics and finally by selecting and inquiring into some of their problematical aspects. Occasionally, a topic considered in the law of one system is elaborated upon more than in that of another system. This is done deliberately to bring out some relevant details which may be of some (theoretical or academic) interest; and also to avoid an exclusive reference to one particular mixed system. As may be noticed, this first part is essentially a work of synthesis, a macro-comparison which will provide the comparative data for the second part. The second part is, however, a work of research in the scientific sense of the term. It proceeds to describe the legal system of Algeria on the basis of the 'STILLEHERE' or doctrine of style outlined by the German comparatist Zweigert some years ago. The account given of the development and ethos of Algerian law is amplified and exemplified (as proposed by Zweigert) by a study of some legal institutions typical of the Algerian legal style. Different topics are treated in this part to allow for a reappraisal of the law of Algeria with, however, more emphasis on her private law; an area upon which by tradition comparatists generally concentrate their researches. The link between the two parts is indeed a 'big jump', but not an impossible one. While the first part presents a certain type of mixed jurisdiction, the second, taking the law of Algeria as a model, tries to demonstrate the existence of a new and totally different type of mixed system; a trend of a sort which seems continuously increasing amongst some contemporary legal systems. And finally, the purpose pursued through this study in its ensemble is to ascertain, as far as possible, the extent to which these mixed jurisdictions - whether 'traditional' or 'new', work adequately; that is to say avoid any specific problem(s) which may, as a result of the mixed nature of the systems, adversely affect their legislative, jurisdictional or institutional functioning