Objection to public order and its impact

• Main Author: Sultan Abdulla Mahmood
• Format: Article
• Language: Arabic
• Published: University of Mosul College of Law 2010-02-01
• Series: الرافدین للحقوق
• Subjects: public order; foreign law
• Online Access: https://alaw.mosuljournals.com/article_160611_105ec3fe40e5015106ae762108046b4c.pdf

The idea of ​​public order is one of the basic ideas in the law. In the internal law of its various branches, there are peremptory rules of law that individuals can not agree to violate because they are related to public order. Public order is a constraint on the will of the parties and is consistent with the legal rule in order to achieve its effectiveness and purpose. The goal of public order is to protect the general economic, social and political principles and foundations on which society is based. In the International Private Relations Act or in private international law, public order aims at recognizing the same objective but in a different way. The general system of domestic law is more concerned with the national legal norm. In the law of international special relations and conflict of law theory, A payment objecting to the application of the substantive provisions of the foreign law applicable under the national attribution rule, when such provisions conflict with the fundamental principles of the State of the judge, the public order is the guardian of the legal rule of the applicable foreign law, Public order in domestic law protects the national legal norm, and therefore our research will focus on advancing public order and its impact on international private relations