( الدور الاحتياطي للموطن “دراسة مقارنة” )

The Reserve Role Of The Domicile “A Comparative Study”

On the subject of the reserve role of the domicile in private international law, the researcher extrapolating Iraqi legislation position comparison and legislation with the opinions of scholars and commentators and researchers in order to identify issues where the domicile exercise its role reserve in international law matters private, as it shows us that the domicile of the person cannot be dispensed with in All conditions due to the large importance in determining the legal status of the person.
And the reasons for the researcher to subject the selection back to the vitality of this subject in international law matters private, as the intake of scholars and explain the fundamental role of the domicile in this law matters, but the reserve role of the domicile in which a lot was not looking at the level of its various molecules, which It requires the researcher to go into the midst of this topic to determine the basic and detailed rules.
So the researcher ask some important questions in this study, the most important with regard to the conditions to be met in order to domicile exercise its role reserve, was the answer to this question after based on the extrapolation and analysis of the applications brought by the legislator and jurists were determined conditions of legal and logical manner, and other descenders task with regard to select the reserve role of the domicile in nationality matters was the answer to this question by use issues where nationality officer is unable to resolve the dispute.
The researcher found in his research that the domicile exercise a complementary role in private international law, it has not reached the judge dispute tinged with an element foreign to the solution and the inability of the legal position before him comes the role of the domicile and play here the role of a reserve to solve the conflict, therefore called an officer reference Reserve thereby acting as a contingency to complete the primary officer to gain access to legal solutions to the incident in dispute and give a solution to this conflict between the laws of the subjects of law and international private.