Voluntary change to the conditions of attribution and choice of applicable law.
Risalat al-huquq Journal,
2011, Volume 3, Issue 3, Pages 204-214
From this researches become clear the problem of the Voluntary change of criterions choice and the choice of the applicable law within the general problem in privet international law . this problem considered one of the most complex and lawful problems that faced the courts and judges which is considered old historically but it's rising as a special dimensions theory does not consider because it is a new one that emerged by the Germanic jurists in their work and researches to know deeply the essence of this problem and it is concept and to explain it from all sides we dealt in a preparatory . the definition and the modern methods the were followed to solve it. The connection of this research with the theory of the primary issues and the conflict of laws theory, so we must have a brief representation. Another point of view, the primary issues are not isolated from the mother lawful problems and theories such as the adaptation and transmission, it was difficult on many researchers to distinguish between them. So we dealt with all sides, beginning with the concept of the primary issues, the definition and distinction between them from all similar ideas, also studying the methods that followed by laws and legislations to solve the problem of the laws conflicts. Supporting to what preceded of the lawful concepts and depending on what was researched, we did not forget the empirical side of the theory which dealt with most important judicial applications that presented to the judiciary to show this theory and its development, this included a presentation for the most important examples and judicial solutions that followed by courts in many countries whether it was Iraq or Arabic countries or the foreign countries. .
- Article View: 98
- PDF Download: 121