الدور الذاتي لمبادئ القانون الدولي الخاص في معالجة الفراغ التشريعي : دراسة مقارنة

Abstract EN

Sometimes the base of conflicts rules or conflict attachment rules is stipulated, but it falls short of addressing certain assumptions that are incompatible with its special nature, and it goes aside from the jurisprudence that the judge and through the principles of private international law may establish a base of attribution not provided for, or restrict a general rule contained in his national law, Or the judge’s means is to interpret a text in his law by guiding these principles, and therefore the most important functions of private international law principles are to bridge legal loopholes and confront situations where there is no conflict rule that confronts the case It also works to unify solutions by bringing them closer to legal systems and restricts the release of the provisions of internal law as well as lead to providing a direct objective solution to the conflict, knowing that the field of international contracts was one of the most important fields in which the importance of the principles of private international law emerged, and we have tried in this study to develop And my application of the theory of principles of private international law, to prevent relying on the generality of attribution or its reluctance.