تعطيل أثر قاعدة الإسناد في تطبيق القانون الأجنبي إعمالا للدفع بالنظام العام في القانون الأردني : دراسة مقارنة

الملخص EN

The public order conducts the sentry role to guard the values and interests of the public through protecting rules of law not to be compromised, thus, the idea of the public order plays a functional role, intending to achieve the preceding purpose.

However, this idea is originally the same, either at the level of local laws or the laws of foreign sense, therefore, its estimation is left to the trial judge in both cases.

The significance of this idea and its impact would be distinct in either way.

On the level of local laws, operationalizing this idea leads to nullity of any agreement that contravenes it, whereas on the level of private international law, it leads to discarding the applicable law through the Jordanian attribution rule.

Article 29 in the Jordanian civil law was provided with this content.

However, this article has been deficient and ambiguous, therefore, this research would replenish through answering a number of questions.

Some of the most important ones are: What is the law that could replace the discarded law? Would the law be excluded entirely or just the unlawful part? Would opertionalizing this inducement subjects to the extent of linking the dispute or one of its parts with Jordanian legal regime? In order to achieve the foregoing objectives, we divided this research into two sections.

The first was allocated to the disparity of the inducement essence of public order in private international law, whereas the second section points out the effects of inducement of the public order.

What mentioned before was a comparative study with other legal relations which contain foreign elements, viewed to benefit from them whenever possible.