تنظيم الاختصاص القانوني للزواج في قواعد التنازع : (دراسة تحليلية في ضوء أحكام القانون العراقي)‎

الملخص EN

The idea of the marriage and the legislation which is regulated it, vary from country to country depending on ethics, religion and tradition from Society to another Society.

That lead to create conflict between the laws of different state in ruling on marriage contract, concerning conclusion of the contract and it's effects, as well as terminated or dissolution the marriage contract when we found out one of the contract parties is foreigner .

that's lead most legislation and Iraqi legislation to regulate the legal jurisdiction of marriage contract by formulating rules which should be capable to determine ``the applicable law`` we can notes on the rules provided by the Iraqi legislator via article (19) in Iraqi civil law no (40) year of 1951, It distanced itself from the equality of spouses, by giving the jurisdiction to the law of husband citizen with non caring to the law of wife citizen, Also it didn't give suitable role to the will of the parties in order to determine ``the applicable law``, as well as grant franchising to Iraqi law just when one of the parties is Iraqi, that’s why some consider that as abuse from legislator side.

basically relations which is characterised as international should be under the rules of conflict not to the physical rules which is directly applied.

That why this study try to find the solutions and recommendations which is appropriate to the development the world witnesses today concerning the Equality between man and woman, also rising the freedom of the parties to choose the appropriate law which is a proper for their interest and will, to cover the relation subject of the conflict , as well as to reach to terminate the conflicts way from the distinction between spouses.