The effect of the rules of public order in disturbing legal security (Comparative legal study)

Abstract

One of the complex issues in private international law is the idea of public order, where there is almost no agreement between jurists on the adoption of a stable officer of public order, and the texts of laws in most countries did not include a comprehensive definition of this idea, and despite that, there is no dispute over the effect of public order as a push to exclude The applicable foreign law in case it conflicts with the basic concepts in the judge’s country, under the pretext that there is no legal participation between the judge’s law and the relevant foreign law. The public order plays a key role in shaping the legal system of each state, as there is within it a set of basic rules that must be applied to individuals in a peremptory manner. Rules related to public order that it is not permissible for individuals to agree on what contradicts them, and thus this idea serves as a “safety valve” that protects the fundamental foundations of society. It also aims public order within the framework of internal and international relations with a foreign element to achieve one main goal, which is the protection of the national legal system and the strengthening of the basic laws of the state. What is related to public order in the law of a state is not necessarily considered the same in another country, and what is related to public order at a certain time is not necessarily so at a later time, so it is difficult to give a specific and disciplined definition of this idea, and for this reason jurisprudence confirms that the lesson in the assessment of whether or not the matter is related to public order is at the time of hearing the case, and not at the time when the legal center in question arose.