تكييف الإسناد لحل تنازع القوانين في عقد المقاولة الدولي

الملخص EN

International law uses the formation of controls on which the judge relies to determine the law applicable to international contracts, including the international contractual contract.

These controls are represented in two types.

The first is traditional general controls and it is called rigid attribution when they are not defined and cannot be changed after the contract is concluded.

For application to the contract, and these controls may be closely related to the contract, such as the place of conclusion of the contract and the place of performance, or related to the contracting parties, such as nationality and nationality controls known as flexible award, which are represented in the law of the State of the debtor's place of residence for the separate performance of the contract, which is based on the objective prior orientation of the contract in light of its subjective nature, as well as the The award according to the conditions and circumstances of the contract.

It does not depend solely on the subjective nature of the contract, but rather analyzes the conditions and circumstances of the contract.

Which will be greatly affected by the will of entrepreneurs, as they can collect the material elements of the contracting process in a particular country depending on what they deem appropriate for them.

This allows the perception of justice on the one hand, and the diversity of attribution from one contract to another of contracts of the same nature as long as the conditions and circumstances of the contract differ from one contract to another.