Year:2022   Volume: 4   Issue: 4   Area: Law

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  3. ID: 569

Rana Sadaq Shihab AL-DULAIMI, Raad Miqdad Mahmoud AL-HAMDANI

THE REQUIREMENTS AND MECHANISM FOR THE IMPLEMENTATION OF THE PRINCIPLE OF INDEPENDENCE BETWEEN JUDICIAL AND LEGISLATIVE JURISDICTIONS IN PRIVATE INTERNATIONAL LAW

This research deals with the issue of the principle of independence between the judicial and legislative competencies, which was necessitated by considerations of coexistence between laws and permitting the application of foreign laws before national courts. Collectively, it represented the most certain facts in private international law, which is that this principle is considered as the basis for this branch of law, and it is also one of the distinguishing marks of the article of private international law.The jurisprudential justifications for this principle closely touch the justifications for resorting to foreign laws, and the conflict rule is the means by which this principle resorts to reach a state of separation or independence between the two specialists, and since this rule is a legal rule in the proper sense whose task is to determine the applicable law, it does not It differs in its general purpose from any rule of national law that separates the conflict to emphasize the stability of relations between individuals.

Keywords: private international law, the principle of independence, legislative jurisdiction, jurisdiction, trade-offs, impartiality, traditional attribution, objective attribution..

http://dx.doi.org/10.47832/2717-8293.18.35


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