تفوق قانون القاضي على القانون الاجنبي : دراسة مقارنة == The judge's law is superior to foreign law A comparative study
Author name:
محمد حسناوي شويع حسون
Supervisor name:
عبد الرسول عبد الرضا جابر الاسدي
General topic:
Law
Specific topic:
Private International Law
Degree:
Doctorate
University:
University of Babylon - Faculty Of Law - Department Of Private Law
Language:
Arabic
University location:
Babylon
First pages:
13T1721 - p.pdf
Abstract:
The issue of the law of the judge over foreign law is of special importance stemming from the search for cases of proven jurisdiction for the national law of law such as Iraqi law, for example, and the attempt of the law of the judge to unify the solutions through the application of one law in cases where the conflict of laws, and may be considered a drawing of the special limits for the use of foreign law .The national judge in each country applies the rules of attribution of its national law. This means that the judge initiates in his process to determine the legislative jurisdiction and application of this law by following a logical sequence of operations beginning with adapting the case before him and then determining the legislative jurisdiction (applicable law) And the development of the foreign law that it determines by its proper legal status.The jurists of private international law have agreed that the applicable foreign law under the rule of attribution in the law of the judge is the solution to the conflict of laws, but the subject of discussion represents a departure from this agreement by the obvious solution, through the application of the law of the judge (the law of the national judge) The application and the reversal of its legal status from the law of the state of the judge to the applicable lawThe issue of the superiority of the law of the judge on foreign law raises many problems, the most important of which is the attempt to avoid the consequences associated with the superiority of the judge's law, which leads to the violation of the legitimate expectations of the parties and the unfairness of their rights in the event that the rule of the relationship of health in accordance with the law of creation to nullification in accordance with the law of the judge and this of course not dangerous in their time The existence of the relationship and it is possible to overcome these results on the basis of creating harmony and harmony between the rules of attribution in the legal systems of the countries to which the parties belong, the researcher aspires to uphold the law of the judge in resolving the problems of conflict of laws by analyzing the complementary role Talking about the jurisprudence of private international law between international conflict law judge and foreign law applicable under national attribution rule.
