ارسل ملاحظاتك

ارسل ملاحظاتك لنا







أثر القانون الشخصي على قواعد تنازع الأحوال الشخصية

العنوان بلغة أخرى: The Impact of Personal Law on the Conflict of the Personal Status Rules
المؤلف الرئيسي: كوني، نسرين حسن (مؤلف)
مؤلفين آخرين: صيهود، إياد مطشر (مشرف)
التاريخ الميلادي: 2017
موقع: الناصرية
التاريخ الهجري: 1439
الصفحات: 1 - 151
رقم MD: 1008546
نوع المحتوى: رسائل جامعية
اللغة: العربية
الدرجة العلمية: رسالة ماجستير
الجامعة: جامعة ذي قار
الكلية: كلية القانون
الدولة: العراق
قواعد المعلومات: Dissertations
مواضيع:
رابط المحتوى:
صورة الغلاف QR قانون

عدد مرات التحميل

14

حفظ في:
المستخلص: Verily the particular relations amid individuals which are really admixed with foreign element, do need to a conflict rule in self concerning to identify the required practicable law. It is also including the personal civil affairs which has been selected the personal law to be the required practicable law in it, due to its nature which is definitely characterized with stability. That law which has no longer been available after the change which has been carried out by Iraqi nationality law No 26 in 2006 which do ensure the individual right to change nationality. Thus it really imposes on in way to reorganize the rules concerning the personal status written down in Iraqi civil law No 40 in 1951 to be in harmony with what are prevailing now. According to that, we herby suggest presenting alternatives and bases dependable for the sake of coping with development and to make conflict rules which are entirely featured with reality and logics. In the past and still the rules of conflict of personal status concerning marriage located with great argument in jurisprudence whether between supporter and opponent for two reasons; First of all, that concerned of preferring the husband nationality law to wife's. Secondly to hold on of the personal nationality law at the time of entering into marriage. Therefore, jurisprudence has suggested presenting alternative laws as for, will law, and judge law, which a conflict ensued before him. In the same way for the advantage which is granted by the national law maker to his law whether for the sake for individuals or economy. That may which form a breach to conflict riles which are relied up on preferring likely best law. Therefore, this is really considered unstable, as for various motives and pretexts behind its confirmation and not be violation in some cases of practicing such as in inheritance which obliged to shift the money of foreigner dead which are existed in a country to the same country incase of no inheritor for him due state is more rightful to any other country, as long as it does not form violation to stable in heritance rules.

عناصر مشابهة