The College of Law at the University of Baghdad discussed a master’s thesis in the international law branch of the student Lamis Qader Hadi, tagged with (the impediment to the application of foreign law in private international law), on Monday, 5/9/2022, in the conference hall of the college.
The discussion committee consisted of Prof. Dr. Jalil Hassan Al-Saadi as Chairman, Prof. Dr. Raad Miqdad Mahmoud as a member, Assistant Professor Dr. Mustafa Salem Abed as a member, and Prof. Dr. Hadi Naim Al-Malki as a member and supervisor.
This thesis aims at that what is the consequence of the existence of the impediment is the non-application of foreign law before national courts, and that the invocation of the impediment to the application of foreign law within the framework of the theory of conflict of laws is due to the nature and characteristics of the attribution rule, because it is a technical base characterized by duplication and impartiality. The rule is compatible with its material goals, and the deterrent also exercises the function of defenses in the Civil Procedure Code with the difference.
The thesis also included three chapters, the first of which dealt with the legal framework preventing the application of foreign law and the second chapter preventing the application of foreign law. The third chapter dealt with the effects of the existence of an impediment to the application of foreign law.
The most important recommendations of the study are that the Iraqi legislator should separate the conflict of laws texts from the civil law, and issue a legislation entitled “Iraqi private international law.” Expected amendments regarding Iraqi private international law, and as far as the matter relates to the impediment of applying foreign law, we recommend the Iraqi judiciary to investigate the implementation of the most common principles of private international law regarding the impediment and its forms.
