التكييف في تنازع القوانين

الملخص EN

Given the severe crisis in the codification of international law, The jurisprudence has played a major role in entrenching its topics on the basis of some of the partial principles that justice has reached and is ruling is ruling on the issues that are presented to it related to private international relations, Until such time as this law is qualified as judicial case law, The conflict of laws adaptation is a model for the consolidation role of jurisprudence, which, in light of certain judicial decisions, have been able to elude the ambiguous aspects of adaptation.

Through this jurisprudential study, we try to follow the different jurisprudential positions that have been taken regarding adaptation.

Tofinally lead to the emergence of an almost unanimous position, whether in jurisprudence, justice or legislation, and that after having refined, improved and adapted the theory stated by the French jurist Bartin who mentioned.

After having become aware of the importance of adaptation, through the in-depth studies it has carried out, that adaptation is the basis of the existence of private international law, aware of the importance of the issue of adaptation in the field of conflict of laws and in order to familiarize ourselves with the different aspects of adaptation, we have divided this study into two themes, the first of which we have devoted to the concept of adaptation, through which we have treated the definition of adaptation.

and defining its subject and indicating its origin and evolution.

As for the second theme, we devoted it to the position of the jurisprudence and legislation on adaptation, ending with a clarification and determination of the position of the Algerian legislator on the theory of the submission of adaptation to the decision of the judge, indicating the ambiguity and the deficiency that haunted his position and how to avoid it.