مفهوم الإحالة في القانون الدولي الخاص: دراسة مقارنة

الملخص EN

Renvoi doctrine in private international law is one of the issues that raised a great legal controversy between the jurists of private international law, which did not crystallize as a legal theory until recently in the French judiciary, the jurists have dealt with the concept of Renvoi analysis in terms of the application or refusal to adopt the doctrine of Renvoi, which leads to a difference in the final judicial decisions depending on whether the law of the state under consideration of the dispute leads to or rejects the doctrine of Renvoi, the researcher reviewed the position of jurists of private international law on the concept of Renvoi, and the arguments of jurisprudence in terms of their application or rejection, as the doctrine of Renvoi was rejected by most Arab laws except the Algerian civil law and UAE law, which adopted a flexible position on the doctrine of Renvoi then, the researcher discussed the functional solution of the choice of rule of law by linking the Renvoi to the purpose of the reference base and the function it performs to achieve justice by choosing the applicable law, and the conclusion was to review the findings and recommendations.