Idea taken into consideration in private international law

Abstract

The judge before whom a dispute involves a foreign element is obligated to achieve justice, and his support for this is the application of the law, which is required by looking at the nature of the legal rule that requires its implementation. If that rule is foreign, its nature may preclude its application by the national judge due to its attachment to a foreign public law, and with Therefore, it is necessary for the judge to respect this foreign rule if that is necessary to decide the dispute, and this respect does not mean applying it, but rather only taking it into account by consulting that rule without addressing its application from a technical standpoint.