القانون الأوثق صلة بالعهدة : دراسة مقارنة

Abstract EN

The rule of will is a rule that goes out of the rigid reference in terms of its way of implementation, this rule is applied in a flexible manner, and in a manner compatible with the field for which it was found, and it is in our research this trust, and that is by giving the rule to the contractors the freedom to choose the law of the contract that originated in it.

The pledge is explicitly or implicitly extracted by the judge through the circumstances and circumstances of the contractual process, and the attribution of this concept is limited to the state of the explicit or implicit choice of the law of the contract, but in the case of the contractors being silent about the explicit choice of the law of the contract and it is not possible to extract their implicit certainty, That It strives to reach the determination of the law governing the trust, and to search for the law to which the contract concluded is closely and seriously, by focusing the international contract, according to which this contract is awarded to the law most closely related to it according to the conditions and circumstances of the contract.