القانُونُ الواجبُ التطبِيقِ علَى الإرادةِ المنفردةِفِي ظلِ القانُونِ الدوليّ الخاصِ (دراسة تحليلية في القانون العراقي)

Abstract

The unilateral will tainted by a foreign element may erupt in a specific dispute, which requires defining the applicable law for this type of behavior that takes place with one unilateral will. From this award, which is from another country, which requires determining the applicable law by defining the base of attribution that determines the law applicable to the individual will, since there is no explicit legal text in Iraqi laws, specifically n the Iraqi civil law that specifies the law applicable to the individual will which requires reference to the general rules, contained in the text of Article (25), which define the rules of attribution to which international Contracts are subject but with the exception of the rule of the law of will (the chosen law), which cannot be applied to the individual will, due to the characteristic of the individual will, which is carried out by the will of one party. In contrast to international contracts, which are done by the will of the two contracting parties, if the domicile law can be considered as one of the original and most compelling controls. It is important for the rule of the individual will and in the inability to know it, it is possible to resort to the control of the place of conclusion, in addition to the existence of some precautionary controls that the judge can resort to in cases where the original controls are absent.