الإحالة في القانون الدولي الخاص تنازع قواعد الإسناد

الملخص EN

After we explained what the referral is (as attribution in foreign law with rules the attribution in the national judge’s law, and the referral may appear in particular when the law assigned to it refers jurisdiction to the law of a third country and so on) and we have explained the legal basis for the referral as it is either an authorization or a solution Back up, with a statement of the most important criticisms that were directed at both views, as they are They are based on the assumption that there is no vicious circle between the law of the national judge and the foreign law until the coming of the French jurist (Pete Fool) who said that the international nature of the relations regulated by the private international law obfuscates the link between these relations with more than one law, and accordingly it is not correct to dissolve.

The dispute is through the national attribution rules only, because that is considered a disregard for the attribution rules in the law of the judge in his jurisdiction.

However, the jurisprudence did not succeed in establishing a true jurisprudential basis for the rules of chain of transmission, with some of them referring to a specific law to resolve the conflict tinged with a foreign element.

Iraqi law did not accept the referral theory, and if it accepted it in certain aspects, it rejected it in other aspects.

Although the legal jurists recognized the referral.

They excluded two cases in which it is not permissible to accept the referral of any kind, namely the case of adopting the law of the will of the contractors, and the case of subjecting the form of behavior to the law of the country of its conclusion