اشكالية الاسناد لقانون دولة متعددة الشرائع

جبار طالب, أ. د. نظام; جميل رحمن, الباحث ضياء

doi:10.63677/jqlap.2023.180127

	اشكالية الاسناد لقانون دولة متعددة الشرائع
AL-Qadisiya Journal For Law and Political Sciences
Volume 14, Issue 1, May 2023, Pages 646-668 PDF (595.98 K)
DOI: 10.63677/jqlap.2023.180127
Authors
أ. د. نظام جبار طالب; الباحث ضياء جميل رحمن
AL-Qadisiya Journal
Abstract
The multiplicity of laws within a single country when the state is a complex as a result of the multiplicity of regions leads to exacerbate the problem of private international law and it does not end once the applicable law is determined by the rules of attribution. In this case، there is additional impediment، which is the fact that the applicable law of the state is multiple laws - a regional plurality - and this in itself is a problem that is added to the complexities and problems of private international law.There are many solutions that have been proposed in this regard about the mechanism that can be adopted in general in determining which internal laws are competent and applicable to the relationship tainted with a foreign element that led to this internal conflict، The most important of them is the legislative mechanism adopted by most countries، which is authorization، but it is criticized that there are cases that cannot be applied to it. Therefore، judicial and jurisprudential solutions have been proposed in this issue.
Keywords
delegation; the problem of attribution; the multi-law state; the regional plurality of laws; the personal plurality

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