الاتجاهات الحديثة الحاكمة للالتزامات غير العقدية

الاتجاهات الحديثة الحاكمة للالتزامات غير العقدية

م.م. علي احسان الكرعاوي
كلية القانون / جامعة ساوة الأهلية / المثنى / العراق

Abstract

Although local law has long served as the primary connecting factor governing non-contractual obligations, this has not precluded the emergence of alternative rules that have significantly contributed to the development of conflict-of-laws principles. These alternatives have reduced the dominance of traditional rules and addressed their shortcomings, particularly in light of increased international openness, cross-border mobility, and the new civil liability issues generated by technological developments in the sphere of private international relations. Consequently, many scholars of private international law, legislators, and courts have moved toward adopting the concept of social localization, based on adapting the applicable law to the local law most closely connected to the dispute through its elements, such as the parties’ nationality, common domicile, or habitual residence.

Keywords: Non-contractual obligations, connecting factor, nationality, domicile.