نحو تضييق نطاق النظام العام لمصلحة القانون الأجنبي في سياق القانون الدولي الخاص : دراسة مقارنة

الملخص EN

This paper focuses on the mechanisms used to prioritize foreign laws over the internal public order in the area of private international relations.

The paper argues in favor of the theory that foreign laws should be given more weight than national public order in the context of private international law.

This premise is justified by the reason that the respect of foreign laws would constitute a medium to improve foreign laws and would consolidate relations between the different legal systems.

The paper’s arguments are supported by a number of special justifications, and innovative mechanisms that would mitigate the idea of public order in favor of foreign laws.

This is not only a theoretical analysis, but a practical embodiment of the consolidation of economic and investment relations.

The study seeks to draw the attention of the Palestinian and Arab legislators to espouse the philosophy of modern public order in the international relations adopted by the private sector in foreign laws such as French and German, to make legal texts factors in the consolidation of the mechanisms under consideration.