The Effect of Public Order in Excluding Foreign Governing Law Comparative Study

Authors

Mohammad AlQudah, Zarqa UniversityFollow

Abstract

It is conceivable that the national judge will clash with some rights and legal positions that have properly originated abroad within a foreign law, and whose owners want to adhere to their effects and if the public order payment works strongly in the first case; In the second case, it regresses a lot, especially in the face of acquired rights and stable relations, despite the difference that these rights arose under its authority and the law of the national judge, and this situation was behind the creation of the idea of mitigating public order or the mitigating effect of public order, which was adopted by the judiciary in many rulings that agreed with the opinions of jurists in this regard. With the aim of allowing, in certain circumstances, the application of foreign law despite its violation of the internal public order the comparative analytical descriptive approach was followed, through which the researcher reached a set of results in addition to some recommendations, most notably the recognition of rights acquired abroad, which is a softening of the effect of public order, and does not mean a complete exclusion of the idea of advancing public order in all cases for any right acquired abroad. Dispute related to it before the national judge It is a softening of the effect of public order.

Recommended Citation

AlQudah, Mohammad (2023) "The Effect of Public Order in Excluding Foreign Governing Law Comparative Study," Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات: Vol. 26: Iss. 1, Article 4.
Available at: https://digitalcommons.aaru.edu.jo/albalqa/vol26/iss1/4