المنهج التنازعي في مواجهة التوحيد الاتفاقي للقواعد الموضوعية : دراسة في العقود التجارية الدولية

Abstract EN

The conflictual method is the most important method used to resolve the conflicts of the private international relations, But its difficulty and its determination of the applicable national make it inappropriate for some conflicts, such as those related to International Commercial Contracts, which need convenient solutions fitting to their nature, which is the reason behind the thinking of the International Community to find uniform material rules through International Conventions, in order to give appropriate solutions, which can be applicated without referring to the conflictual method, and also without its intervention in the substantive regulation of those contracts, but the practical reality proved the inability of those conventions to achieve a complete independence in regulating of those contracts, hence the need to refer to the conflictual method becomes is a necessity in order to regulate matters that were not regulated in the conventions, making it a method that's hard to not to refer to.