تطبيق القانون الأجنبي أمام القاضي الوطني : دراسة مقارنة

الملخص EN

The Omani Civil Transactions Act No.

29 issued on 2013, includes the provisions on the conflict of laws as stated from Article 10 to Article 28, as well as it is the case in the UAE Civil Transactions Act in Articles 10 to 28.

According to the text of this last article of the Emirati Law, "apply the United Arab Emirates Law, if the existence of the applicable foreign law cannot be proven or its significance determined." It is noted that the rules, governing conflict of laws, moderate relations of individuals with an international character (i.e.

containing a foreign element).

Mostly, the rules governing conflict of laws do not decree the application of a specific law in itself but as an implicit concept.

For instance, apply the civil law of nationality to a case of eligibility and the international law of the contract entered into or country of law chosen by the parties to the contract, etc.

This research aims to determine the extent to which the national judiciary's commitment to implement the laws of foreign countries when conflicts rule set by the national legislature in the Civil Transactions Act to the application of foreign law with an international character where a national judge adjudicates