قاعدة الشكل في مجال الالتزامات التعاقدية و الصرفية في إطار القانون الدولي الخاص

الملخص EN

This study deals with the rule of attribution of idiomatic origin and in a narrow scope (precept), to extend its application to all the actions of individuals, whether they are related to concrete situations.

The cause of this spread is due to the solidity of the considerations on which this rule has been built since its creation, which is to facilitateThe conduct of legal actions of the contracting parties, and national legislation has caught it and adopted it by international conventions, also it has been taken by the national and international justice so the Algerian legislator has enshrined it in civil law according to its article 19.

This rule has rightly become an international rule in solving the problem of conflict in legal behavior in its formal aspect, if it is not opposed by the legal obstacles that prevent its application, such as a violation of public order, Or adopt it as a means of evading the provisions of national or foreign law, contravening them and tricking them, which leads to the exclusion of its application and the substitution of the law originally concerned by the settlement of the dispute.

The importance of this issue highlights the submission of the legal form of conduct to the place where the provision is to be concluded in order to control and facilitate the procedures for contracting parties, and the application of this rule derives from its ability to allow the contracting parties to apply the law that helps them achieve the intended purpose of the contract by facilitating the assurance of the validity of the contract in terms of form when complying with the mandatory rules.

Moreover, the Algerian legislator in this field did not intervene in the regulation of the form of the morphological obligations in conflict of laws.

Consequently, he must adhere and sign international agreements related to this field.