أثر معيار المصلحة الفضلى في تحديد القانون الواجب التطبيق على حقوق الطفل الشخصي

Abstract EN

It is evident that the best interest of the child, as a criterion adopted by international conventions and national legislation, and has the primary consideration in taking all administrative, legislative and procedural measures concerning the child, has an impact on determining the law applicable to the child's personal rights in relationships of a foreign element.

It requires, according to the best interest criterion, that the judge does not adhere to determining the applicable law in accordance with rigid attribution controls that determine the law in advance and without interest in knowing its content and whether or not it achieves better protection for the child.

The child's personal rights in relations with a foreign component, because of its features and characteristics that go beyond the crisis of the traditional controls of attribution, such as nationality and domicile, which are characterized by neutrality and impartiality, and thus beyond the stalemate in which these controls are characterized.

Thus, the effect of the best interest criterion appears in determining the law applicable to the personal rights of the child by going beyond criticism of the traditional controls of attribution, keeping abreast of developments in the field of international private relations and achieving better protection of the rights of the child in knowing the content of the law before choosing it to be applied to the legal relationship of an international dimension related to By child.