The concept of social environment law in the framework of international private relations

Al-Fartusi, Hikem Jubair Hanoun; Al-Amin, Khairuddin Kazem Obaid

doi:10.63677/jqlap.2025.159727.1325

	The concept of social environment law in the framework of international private relations
AL-Qadisiya Journal For Law and Political Sciences
Article 41, Volume 16, Issue: 1 part 2 / 2, June 2025, Pages 829-850 PDF (988.95 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.159727.1325
Authors
Hikem Jubair Hanoun Al-Fartusi^* ¹; Khairuddin Kazem Obaid Al-Amin²
¹Presidency of Al-Muthanna University
²University of Babylon / College of Law
Abstract
The issue of determining the applicable law to cross-border legal relations is often determined by rules of a special technical nature, called rules of attribution. These rules often reflect a country's legislative policy in dealing with these somewhat complex relationships. However, this does not mean neglecting the interests of the parties, regardless of their affiliation. This is clearly evident in the description we often give to the purpose of attribution rules, which is to select the best solution from among the conflicting laws to govern the disputed issue. As a result of the increase in cross-border relations, both quantitatively and qualitatively, and in order to achieve the best solutions, legal jurisprudence has proposed a number of solutions that have contributed somewhat to confronting these challenges. Among these ideas and solutions, the concept of the law of the social milieu has emerged, which deals with a set of controls shared by the parties, making it unfair to exclude the application of this law from among the applicable laws, given its superiority over others due to these commonalities.
Keywords
social environment; common controls; legal nature; characteristics

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