الدفع بالجهل بأحكام القانون كوسيلة لاستبعاد القانون الأجنبي الواجب التطبيق بمقتضى قاعدة الإسناد

Abstract EN

Since it is difficult at the domestic (national) level for everyone to be familiar with the provisions of all national laws of all countries of the world, ignorance of the provisions of foreign law is an obvious, acceptable and natural matter, reality testifies that ignorance of the provisions of foreign law is the general rule and knowledge about it is the exception.

The difficulties and serious obstacles to access to applicable foreign law provisions in international private conflicts involving a foreign component are not hidden to all.

The jurisprudence and continuing legislative work under private international law have led to several defenses that may be invoked to exclude applicable foreign law reached under the application of national support rules, including the payment of ignorance of applicable foreign law provisions.

The payment of ignorance of the provisions of foreign law applicable under the rules of attribution is the creation, innovation and creativity of the French judiciary.

The main objective behind it may be to provide effective and genuine protection to the national party in the face of the foreign contractor's evasion of its obligations and attempt to analyze them because if the interested person succeeds in demonstrating his ignorance of the provisions of this applicable foreign law that the national attribution rules have mentioned its jurisdiction, such law will be suspended and excluded from the scope of application to the dispute at issue which is one of the parties.

Although the payment represents an important guarantee of the protection of the security, integrity and stability of transactions, all of which are focused on the subject of the relationship rather than the parties to it, national legislation has dealt with the payment of ignorance of the provisions of the law applicable as an exception and not as an original general rule.

However, the payment of ignorance of the applicable foreign law provisions is a public order payment, as a result of which its application cannot be suspended to the will and object of the parties and cannot be waived for the purpose of ensuring the integrity of transactions and ensuring their proper conduct and stability, which is an objective rule for transactions of a foreign component.

It is applied explicitly and directly in the case of availability of the conditions and the necessities of their implementation, and therefore it is not a rule of the conflict's rules and not a rule of the necessary rules of application or the police' rules, thus it requires more legislative regulation of this payment in conjunction with its nature and role.