أساليب فض تنازع القوانين في علاقات الحق المعنوي : دراسة في إطار حق المؤلف

Abstract EN

The nature of the issues of conflict of laws and the inevitability of the lack of correlation between the court and the applicable law have imposed that the approach based on setting the rale for determining the applicable law according to an abstract criterion, is the leading approach in various legal systems, and in most of the assumptions of international private relations including the emerging extended relationships the moral right of the author, however, in front of the rigidity of the solutions offered to as by the rule of dual attribution of an abstract nature, in addition to the different solutions that the application of the rule leads to according to the court looking into the dispute with a foreign element, and the inappropriateness of these solutions sometimes to the nature of the international meral right relations.

the members of the international community have been forced to cooperate with each other in order to establish legal males that are compatible with this category of legal relations.

they have also resarted to exacting objective national rules that can provide the necessary protection for some of these relations, and guarantee them a measure of justice in their pretracted dispetes.

with the agreement of the various legal systems to adopt these two approaches to solve the problem of conflict of laws, these systems did not agree on the approach followed in studying and analyzing this problem, but rather followed two different approaches in this field, as Latin legal scholars adepted a theoretical approach based on the assumption that there are general principles common in the legal systems of various civilized countries for conflict solutions in its various assumptions, including those related to moral right disputes, an approach characterized by universality and the abstract nature of the principles upon which conflict solutions are based.

it is based on dealing with conflict issues as they are part of the local law of each country, which requires presenting the solutions fallowed in the legal system to which the court leaking into the dispute belangs, and according to what is being done in the work of this court, regardless of the extent of their agreement or disagreement with the general principles in a dispute Laws, which undoubtedly is reflected in the author's maral right disputes before the courts of countries that follow such an approach.