دور الإسناد المركب في مجال تنازع القوانين (دراسة مقارنة)

The role of complex attribution in the field of conflict of laws (A comparative study)

Abstract

The subject of complex attribution in the field of conflict of laws is one of the important topics in private international law that has found its presence in the texts of this law, in the explanations of jurists, and in judicial rulings. It is considered a method of attribution adopted by the legislator of the rule of attribution by including a single control that refers to two laws in At the same time, it is applied either comprehensively or distributedly, or by including multiple attribution controls that refer to more than one law that is applied either optionally or gradually.
Since complex attribution appears in more than one form, this has led to the difference in considerations to which this method responds, and its diversity into legal and practical considerations, in addition to the difference in its rules in terms of their peremptory and complementary nature, even though they are characterized by a complex, focused, objective nature in terms of the general framework.
Since the attribution officer, who is the second element in the imposition pillar of the attribution rule whose mission is to guide the applicable law, constitutes the core of the idea upon which the complex attribution is based, therefore we find that this method is limited to the subject of conflict of laws and does not address the rest of the topics of private international law. Although it does not constitute the basis for attribution, it is limited to establishing specific areas of conflict of laws issues.
Since the attribution rules that rely on this method of attribution are characterized by a formal and objective nature that is different from the traditional attribution rules, this raises many difficulties facing the judge when he is in the process of implementing the laws to which they refer, which differ from the difficulties raised by the traditional attribution rules. This formal and substantive difference in the complex-style attribution rules would have made these rules have specific effects that are different from the effects that traditional attribution rules have when raising some issues at the stage of applying the relevant law.
In this study, we have presented this through explanation and analysis, following the method of comparison between the laws under study, while addressing the opinions of jurisprudence and judicial rulings.