دور قضاء الدولة في معالجة الفراغ التشريعي عن طريق مبادئ القانون الدولي الخاص : دراسة مقارنة

الملخص EN

Although the primary function of the judge is to settle disputes through the application of legislative rules, moreover, the judge sometimes invokes unwritten principles that address the change and development in private international law with regard to the continuous expansion in its application and increase its goal technology and diversify its practice quickly in addition to opening up to new concepts that reflect Contemporary pluralistic practices, and by way of common principles between systems, international law has become a growing and unspecified law famous for a set of principles other than legislative rules and treaty rules and made the judge lawful and this is what came in Article 39 of the law M Statute of the International Court of Justice 1945,It is not surprising that the principles of international rules are among the sources applied by the international judge, and with the existence of scattered legislations for organizing private international relations.