The Role of Nationality in Determining the Applicable Law in the Absence Law of Will (Comparative study)

Abstract

A person’s enjoyment of the nationality of a particular state is the criterion for distinguishing between a national and a foreigner، and thus determines the rights and duties of individuals and the extent to which they are subject to the law of the state or not. In the absence of a law of will، some jurisprudential opinions differed about the introduction of this officer، as we find that some comparative legislation has abused the officer of joint citizenship، but differed in its arrangement and the extent to which it was given priority over the rest of the controls. In view of the importance of nationality as a support officer، it is necessary to address the position of jurisprudence and legislation regarding the introduction of the nationality officer. As a backup officer on the international contract in the absence of the law of will. Accordingly، we will divide this research into two demands. We will discuss in the first requirement the legal position، and we will show in the second requirement the legislative position.