تعطيل وظيفة قاعدة الإسناد

Abstract

One of the elements of the legal relationship may be characterized by a foreign character, as if one of its parties belongs to a foreign country, so we are faced with a situation where more than one law intervenes to govern the legal relationship, depending on the relationship belonging to more than one country, and this situation is called a conflict of laws. The solution to this conflict in private international law is through rules called the rules of attribution because they refer to the applicable law, which is the law originally concerned with the dispute. The ascribed law is due to the reason for the defense of public order, because the foreign law referred to by the national reference base is in violation of the public order of the judge’s country, or that the law has fraudulent approach to the law. This, in fact, leads the judge to another problem, which is the conflict between the law of two countries to rule one legal relationship, so the judge proceeds to apply his national law and exclude the foreign law referred to by the rule of attribution.