تضييق نطاق الدفع بالنظام العام في القانون الدولي الخاص الإماراتي: دراسة نقدية

Abstract EN

Private international relations are the legal relations of a foreign component, for which the legislator has permitted the application of foreign law to their disputes, which is approved by the Emirati legislator in the Federal Civil Transactions Law No.

5 of 1985 and its amendments, through a set of legal rules known as the rules of attribution contained in texts 10 to 28 of this law.

The Emirati legislator also approved the application of the foreign law in the Federal Personal Status Law No.

28 of 2005 and its amendments, stipulating that the litigants or one of them must adhere to the application of the foreign law and prove it as a condition for the commitment of the judge in the UAE to apply the foreign law.

However, some legislations, although they are authorized to apply foreign law to private international relations disputes, and sometimes stipulate the necessity of adhering to and establishing the application of foreign law, emphasize the exclusion of foreign law in the event that the latter violates the provisions of Islamic law or the public order and morals in the state.

Although the defence of public order at the domestic level aims to nullify the agreement to violate the rules enjoining, but the adherence to the payment of public order at the level of private international relations aims to exclude foreign law from the scope of application.

This was the behavior of the legislator in the UAE, before the issuance of the Decree by Federal Law No.

30 of 2020, as in its issuance the UAE legislator tolerated the idea of foreign law violating the provisions of Islamic Sharia or public order and morals in matters of personal status, and therefore the foreign law that it referred to is no longer excluded.