القانون الحر ذو الطابع العالمي و أثره على العلاقات الخاصة الدولية : دراسة تطبيقية للمنازعات التجارية و الرياضية ذات العنصر الأجنبي

الملخص EN

In light of globalization and openness in the countries of the world, and the increase in economic movement between countries, legal practices of a special international nature have emerged that require special laws governing them, given the limitations of systems with national sources, or even internationalism to keep pace with this development stemming from the emergence of a community of commerce and sports on the ground and their reflection on the economies of countries.

this necessitated the search for special laws to govern the legal relations arising from it, as this anomaly created a kind of legal vacuum, and entailed the search for acceptable solutions to fill this void, here the concern of the effective bodies, and the entities specialized in these activities is to create legal rules that are considered as a law that governs the nature of the activity, so free law of a global nature was the best solution for it being a specific law compatible with the nature of international private relations, for its entry as a competitor and severely to the approaches to conflict of laws and objective rules.

in view of the free rules of a global nature, it is clear that they are presented in the form of clauses or contractual terms agreed upon by the parties to the international contract, to be applied to the potential dispute that arises between them, therefore, their application comes from the contractual power and freedom of the parties to the contract to lay down whatever legal rules govern their contract, provided that these rules are consistent with the necessary rules of necessary application in the state of the judge, this stems from the restricted application of free law of an international character, so that its application finds room in the matter of international private relations, and finds its echo in domestic legal systems in addition to the effective role of arbitration in the application of free law.