تفسير قاعدة التنازع الدولي : دراسة نقدية في القانون العراقي

Abstract EN

The jurisprudence of private international law adopts two different approaches in the extent of the implementation of applicable law : the first : the direct approach, whereby the judge applies the objective rules to the dispute directly before him, and the second approach : it is what concerns us in this regard (the indirect approach), which is the presence of rules specific in the law of the judge before the dispute and called-the rules of international conflict or the rules of attribution-and they are the legal rules that guide the judge to the law applicable to legal centers with a foreign element, and they are rules set by the national legislator and according to which he chooses from among the most appropriate laws to break the international special relationship.

these national rules differ from one country to another, and they are indirect rules in the sense that they do not apply directly to the dispute before the judge, but rather refer to the applicable law.

with this fact, the implementation of the indirect method is surrounded by many problems and difficulties that made conflict of laws one of the most controversial sciences, and this is what prompted the researcher to return to the jurisprudential foundations adopted by our Iraqi legislator in setting the articles on international conflict from the articles 17 to 33.

this study shows the areas of criticism of some articles that need to be modified and delete some of the texts in question and put alternative texts in line with the great development in comparative techniques.