The legal nature of obligation public order in the field of private international law

Abstract

The obligation to public order has an important and effective role in the field of private international law, because it is considered an impediment to the application of foreign law relevant to the legal relationship of an international nature that includes a foreign element, most legislators of the laws of countries have taken this obligation, and as a result of the difficulty of defining the concept of this defense due to its flexibility and ambiguity, they did not set a definition for that defense, but rather came with legal texts that including it. This led to the subject of defining the obligation to public order being subject to jurisprudential and judicial jurisprudence. In addition, jurisprudence in the field of private international law differed about the legal nature of the obligation to public order. Some of them see it as an exceptional rule for the application of applicable foreign law, while there are those who see it is an original rule such as the legal rule that requires a specific law to be applicable to the legal relationship in dispute. However, it can be said: The most likely theory for determining the legal nature of the obligation to public order is that it is an exceptional rule through which the relevant foreign law is excluded and replaced by the law of the judge’s state.