THE NATIONAL APPLICATION OF FOREIGN LAW
When a dispute is brought before a judge which is related to a legal relation in the field of private law, and includes a foreign element, the judge looks for the most appropriate law to govern the dispute. In this area, the legislator gives the judge, as an exception, the possibility to apply a foreign law instead of his own law, when the rules of reference (conflict rules) established by the legislator direct him to that. Here, a jurisprudential theory appeared, trying to put a legal basis upon which it is possible to rely when the national judge applies the foreign law.
Authors
- Touirate Abdelrahman
- Brabah Mounir
Institutions
- University of Bari Aldo Moro (IT)
Publication Details
- Journal
- International Journal of Innovative Technologies in Social Science
- Published
- 2026-01-05
- DOI
- https://doi.org/10.31435/ijitss.1(49).2026.4867
- Primary Topic
- European and International Contract Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00