دور الأحالة في تطور قواعد الإسناد

Abstract EN

It is well known that each country has internal objective legal rules that apply to its citizens in their internal relations, and besides it other rules related to conflict of laws that are included in private international law and are applied to relations that include a foreign element.

If a foreign law is to be applied, does that mean that its purely domestic rules apply Or, to also apply the rules of conflict in it.

If we say, for example, that the judge before whom a dispute tainted with a foreign element is brought before him, he must apply the law of a specific country, does he have to refer to the internal civil law rules of that state or should he refer to the rules of the private international law of that state and apply what it decides.

If he works according to the rules of private international law for that country, then we will be in front of the assignment, otherwise we will not be in front of a referral.

The referral is a theory that says the application of the rules of private international law in the applicable foreign law.

The referral to foreign law has a role in the development of the rules of attribution, as it can form a generation of attribution rules as it works to develop performance Existing attribution rules, and this will reduce the chances of conflict between laws, and this in turn reduces the conflict, because this position can transform the rules of attribution into subject rules The referral also creates opportunities for the conclusion of international treaties, and thus the agreed rules turn into objective rules, as well as achieving coexistence between the national rules of conflict and the foreign conflict base.