عنوان المقال عربي
دور المادة (30) من القانون المدني العراقي في حل تنازع القوانين
Abstract
This study aims to demonstrate the role of Article 30 of the Iraqi Civil Law in resolving the waiver of laws. The main difficulty and challenges in the issue of conflict of laws, which is one of the topics of private international law, is the naturalness of the legal relations that fall within the field of private international law, which are related to more than one country. And a law and it needs to define a law from among these laws, as the application of the principles of private international law contributes to developing solutions to the problem of the deficiency of the conflict approach as the most important development in resolving disputes. The ruling on new cases in international trade, which contributes to the search for an article to address this problem and thus the arbitrator or judge's resort to Article 30 of the Iraqi Civil Code, which refers to common legal principles among international traders, that is, with the international community, with the aim of filling the legislative deficiency in these laws and the completion of the deficiency in the internal legal systems. The deficiency in these systems is what necessitated resorting to these legal principles. Therefore, relying on the principles The general prevailing in international trade helps in reaching an appropriate solution to legal disputes, because it depends on many principles extracted from the set of rules that regulate and govern international trade transactions, whether these rules are established in the laws of a group of countries, or they are customary rules extracted from commercial relations International arbitration bodies, which can be resorted to by international arbitration bodies to establish on the basis of their support the solutions that they reach in settling the cases they decide on.
Keywords
Article 30 of the Iraqi Civil Code, Conflict of Laws.arbitrator
Recommended Citation
Nagish, Elham Fahim
(2025)
"The role of Article (30) of the Iraqi Civil Code in resolving conflicts of laws,"
Uruk for Humanities: Vol. 14:
Iss.
1, Article 22.
Available at:
https://muthuruk.mu.edu.iq/journal/vol14/iss1/22
