Public Order in the Private International Law "An Analytical Study of the Article (30) of the Civil Syrian Law"

Abstract

The public order of the private international law, as it is responsible for protecting the essential basis in the country of the judge hearing the conflict, is one of the most important reasons for excluding the applicable foreign law under the rules of laws conflict in that country.

There are many problems in applying the public order, some of these problems are related to its ambiguity and the difficulty of determining its content in a comprehensive and accurate manner, and some of them are related to the difference of its concept from one country to another, and from time to time within one country, or the difference in the range of its inclusion within the private international relations than it is within the purely national relations.

From another side, the effects of applying the public order reveal many legal problems, some of them are related to determining the range of exclusion of the relevant foreign law in case it partially contradicts the requirements of the public order in the judge's country, and some of them are related to determining the best options to fill the legislative gap resulting from that exclusion, and the most controversial of them relates to the possibility of recognizing the effects of the rights duly acquired outside the judge's country despite the prohibition of creation the right in this country.

The previous problems of the research have a particular significance at the national level, this is due to at least two reasons:

First: It is due to reduction the range of the public order in Syria because of the multiplicity of laws regarding the personal status issues

Second: It is due to the absence of the comprehensive legislative text of the requirements and effects of applying the public order, which necessitates proposing the necessary amendments to the legislative text currently in force.