موانع تطبيق القانون الأجنبي المختص في منازعات النفقة : دراسة قانونية مقارنة

الملخص EN

When legislation permits the judge to apply foreign law to disputes tainted by a foreign element in the case where the national attribution rules refer to that, the judge remains bound to apply the national law and exclude the relevant foreign law to which the attribution rules refer in certain cases.

The first case is to exclude the relevant foreign law when there is a conflict Its content with the public order in the judge’s country and the second case of excluding the competent foreign law when it is proven that there is to cheat in the law, and considering the maintenance issues cheating from the provisions of Islamic Sharia in most Arab legislation, which all Arab and foreign legislation is directed to provide protection for it and meet its requirements, which results in the exclusion of The competent foreign law whenever its provisions conflict with the legal and Sharia principles on which the legislation is based, as well as if it is proven to have jurisdiction through cheating in law.