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.

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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
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article

THE NATIONAL APPLICATION OF FOREIGN LAW

Touirate Abdelrahman, Brabah Mounir
International Journal of Innovative Technologies in Social Science
European and International Contract Law
article

THE NATIONAL APPLICATION OF FOREIGN LAW

Touirate Abdelrahman, Brabah Mounir
article en

Abstract

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.

International Journal of Innovative Technologies in Social Science(1(49))
University of Bari Aldo Moro (IT)
Peace, Justice and strong institutions
Openalex Percentile: Top 89%
European and International Contract Law
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