فكرة تقنين مبادئ القانون الدولي الخاص : القانون الدولي الخاص التونسي أنموذجا

الملخص EN

The legislations are divided on the issue of codifying the rules of private international law between those that included in the civil laws some private international rules guiding the judges and litigants to the law applicable to disputes which involve a foreign element, and those that codified all the concerned relations with these disputes in a comprehensive, sufficient and independent legislation.

The jurisprudence is also divided on the same issue between those who necessitate the codification as part of the requirements of the legal security and certainty, and those who reject to sacrifice the freedom of the judges and rather they adhere to the flexibility of the individual solution of each case.

Between this and that, this study is characterized by approximation and reconciliation between the legal and jurisprudential divisions, as it proceeds from the fact that codification has acquired a great importance necessitated by the international life of the individuals that requires clarity and stability in the rules regulating their transactions.

In addition, it is understood that one of the requirements of a contemporary legalization is to include flexible rules that provide legislative solutions and ensure judicial intervention when necessary and additionally it includes the notion that codifying the principles of private international law won't occur in a single step, but rather it happens gradually and step by step by codifying some of these most common principles, similar to what the Tunisian legislator did in the Journal of Private International Law issued by Law No.

(97) of 1998.

Therefore the importance of this study comes up in its seeking to achieve the goal of the conflict of laws' rules in protecting the legitimate expectations of the addressees in relation to the law that will apply to their international private relations and also facilitating the judges to find clear and decisive solutions to the conflicts emanating from these relationships.