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The research titled "Conflict of laws between theory and practice in private international law", with the objective of clarifying the substantive rules and issues that helped to solve the problem of conflict and clarifying the impact of referral and the rules of attribution to solve the problem of conflict of laws. To achieve this, the researcher followed the comparative documentary and analysis method by presenting the article and analyzing it to reach specific results.
The problem of research is that there are many laws and customs that govern the social systems in various countries of the world. When presenting civil legal problems such as marriage, inheritance and commerce to the judiciary to adjudicate, the judge finds that he has more than one law that governs the case. This study comes to know how this conflict can be resolved in laws What are its procedures and what is the authority to resolve this conflict ? .
In order to answer the research questions, the historical method of documentary and retrospective analytic analysis was used to uncover the content of international legislation and comparative jurisprudence by analyzing legal issues.
Among the most important findings:
The judiciary plays an important role in conflict of laws, as a matter of report and not calendar, and this effectiveness is consistent with the philosophy of the existence of private international law, The legislature and the judiciary operate according to the theory of extension and integration, with the decline of the role of the legislator because the judiciary reserved more space than the legislator.
Recommendations include:
The researcher recommends the establishment of an integrated codification of this law in Sudan, similar to what the Tunisian legislator did . I recommend further studies on conflict of laws and their role in solving legal problems. |
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