约旦民法中合同义务中的法律冲突以及意愿在确定适用法律中的作用

Mohammad Ashraf Khalid Ali Al-Qheiwi, Ahmed Al-Nuemat, Mustafa Mousa Al Atiyat
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引用次数: 0

摘要

在本研究中,研究者探讨了合同义务中的法律对抗问题,以及约旦民法中遗嘱在确定适用法律中的作用。此外,法律的可对抗性需要几个条件的存在,包括外国要素的法律关系、各国接受在其法院适用外国法律以及各国立法之间的差异。约旦的国际私法与世界上大多数国家的立法一样,将与合同义务有关的归属规则置于合同当事人所选择的法律之下,即所谓的意志法或意志力原则,如果合同当事人是联合的,约旦立法者将合同义务置于合同当事人共同住所所在国的法律之下。但是,如果双方不一致,则合同义务受合同签订地所在国法律的约束。这意味着,在合同条款和条件得到满足时,只要要约与合同双方签订的协议中的接受相联系,合同双方就可以自由选择适用于合同关系的法律。
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Contrariness of Laws in Contractual Obligations and the Role of the Will in Determining the Applicable Law in the Jordanian Civil Law
In this research, the researcher dealt with the issue of contrariness of laws in contractual obligations and the role of the will in determining the applicable law in the Jordanian civil law. In addition, contrariness of laws requires several conditions to exist, including the legal relationship of a foreign element, the acceptance of countries to apply foreign law before their courts, and the difference in legislation between countries. The Jordanian private international law, like most of the world’s legislation, has subjected the rules of attribution related to contractual obligations to the law chosen by the contracting parties, which is known as the law of will or the principle of the power of will, and the Jordanian legislator has subjected contractual obligations to the law of the country in which the joint home of the contracting parties is located if they are united. But in case they differ, the obligations are subject to the law of the country in which the contract was made. This means that the contracting parties are free to choose the law applicable to the contractual relations as soon as the offer is linked to the acceptance in the agreement concluded between the contracting parties when the terms and conditions of the contract are fulfilled.
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