Analysis of the idea at the base of the cross-assigned | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 3, Volume 1, Issue 3, December 2012, Pages 142-187 PDF (475.13 K) | ||
| Author | ||
| Mohammed G-Hassan Abdullah | ||
| Abstract | ||
| Advantage of private international law alone boasts rules of attribution, which rules conflict of laws within the branches of private law (civil - Commercial - personal status ...) because it protects private rights of individuals (natural and moral) for this they must be characterized by the same descriptions right protected These transactions, and that the application of foreign law but with the explicit consent of the State which issued the rules of attribution, and the application of these rules to to end the dispute before the court, but only sees as a step forward to a label or determine the applicable law. These rules not apply to actions prior to the promulgation of the law which governs unless the law expressly so, it is not permissible for parties in their agreement on the legal actions contrary to the provisions attribution rules unless the legislature explicitly. These rules are characterized by several characteristics that distinguish them from the rest of the legal rules, they are rules (organizational and double and the general abstract a national directives international) and would aim of existence is the selection of the law that achieves the appropriate solution and compatible with the requirements of logic and justice and equity, and for that named rules electorate to distinguish it from other rules of direct application. The rules of attribution including attributed by the application of a particular law, may be hampered by the presence of mind of contraindications application of foreign law, then that these rules may interfere with each other, and often Maitkvl national legislator organized legislation, in order to assign the legal relationship element foreign to the law governed, must be identified nature of the relationship, and any group belongs, to show base attribution Caused by law own, judge in charge of starting adapting the legal relationship, and what was impossible, if not impossible, to put base bonds on all issues or legal relations, due to the complexity and the impossibility of confining advance, legal systems and put each group of similar issues or legal relations in the legal community, and summarized a specific attribution, and in order for the judge to find the base of reference applicable to the matter in dispute, do determine the legal community that fall beneath this issue. This study is to determine the general framework within which to analyze and interpret the elements base attribution national disputes legal relations with foreign element, so as to determine where the idea assigned, and then a statement point of attachment, which can whereby access to the law ascribed (applicable) as the most appropriate law to govern this relations, and statement Mfterdhat work these rules | ||
| Keywords | ||
| Analysis of the idea; the base of the cross; assigned | ||
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