قاعدة الإسناد بين قيود النص القانوني و متطلبات الواقع (دراسة مقارنة)

Rp-the rule of attribution between the restrictions of the legal text and the requirements of reality (a comparative study) .pdf

Extract
The idea of the research is based on the possibility of the stability and application of the rule of attribution, the restrictions of legal texts to keep pace with the requirements of reality. And reconciling the two matters, as it tries to do this matching through its relations with other approaches, and by giving the judge the discretionary power to keep pace with these developments in order to achieve material justice, which is the goal of the attribution base instead of formal justice.

Therefore, the purpose of the research is the extent to which the attribution base conforms to the requirements of reality. Relations of an international nature are characterized by change and continuous development, especially after the increasing criticism directed at them, under the pretext of not keeping pace or sufficiency of this approach, as it does not meet the requirements of reality, which may lead to unsatisfactory results, and since international relations It is characterized by change and continuous development, and that the development in these relations requires flexibility in the rules of attribution in order to keep pace with the requirements of reality. Its formulation is flexible and enables it to respond to the requirements of reality. Legislative formulation is a manifestation of the growth of relations of an international nature and an important means to keep pace with developments. It allows the judge the freedom of assessment and harmonization. As a result, the role of the judiciary in developing the basis of attribution in order to keep pace with the requirements of contemporary reality through adaptation and referral emerges. The idea of the functional solution has arisen in order to add a kind of mitigation to the stagnation of some legal texts, and the original and alternative means also contribute to the establishment of legal solutions in issues that lack solutions, which is imperative to reduce the severity of the stalemate and literalism in the application of the rule of attribution at the level that achieves the goal The goal is to achieve material justice, coordination between legal systems, and care for the interests of the parties.