نظرية الأداء المميز كضابط إسناد لتحديد القانون الواجب التطبيق على العمليات المصرفية الدولية

الملخص EN

The development of international trade contracts, a contributed significantly to the increased economic activity between the various countries of the world which reflected its impact on banks’ activity in terms of conflict of laws.

The importance of private international law has emerged as the only reference that governs the legal relations containing foreign element for the settlement of disputes between the parties through a choice of law that governs the legal relationship whether national law or foreign law.

The research focuses on the problematic issue of identifying attribution rule of the contractual relation, which varies depending on the type of contract concluded between the parties, through substantive focus of the contractual relation in light of its own nature, by which the characteristic performance of one of the parties to the contract can be determined which reveals through it for the most closely law connected with the relationship to be applied on them.