تقدير فكرة النظام العام في العقود الخاصة الدولية المرتبطة بالأحوال الشخصية

Abstract EN

The authorization of the Algerian legislator to apply foreign law over the national territory by the notary during the drafting of the international contract and by the judge during the occurrence of a dispute regarding this contract, It implies an implicit reservation not to prejudice the core concepts and basic principles of the state.

This reservation is expressed in the field of conflict of laws with the idea of public order, Hence the importance of the study by defining the role that the public order plays in personal status issues, as it is the widest field in which the public order is applied due to its association with social, moral and often religious concepts, especially in Arab countries.

Note that most of the rules regulating family matters are peremptory rules.

And Therefore, the judge and notary must respect the peculiarities of private international relations and take into account the cooperation exerted by countries to regulate this type of relations, and he must not allow any foreign law to tamper with the fundamental principles of his country or prejudice the interests of his society, And the realization of this balance requires the judge and the notary to be objective when assessing matters, and to be moderate and logical.

It requires his intervention to protect the fundamental foundations of his state.