The concept of attribution base
International relations are managed through attribution rules, which refer to the laws applicable to disputed relations. The law is chosen by the attribution officer, who essentially derives it from the relationship data itself. Attribution rules are the rules that legislators set in order to determine the applicable law in disputes involving foreign components, whether they refer to domestic laws or foreign laws.
The rule of attribution consists of three elements: the idea of attribution, the rule of attribution, and the law ascribed to it. The idea of attribution is the relationship or accountability that is the subject of conflict and reveals its nature through the adaptation mechanism. The latter classifies relationships in the form of predicated ideas represented in eligibility, marriage, divorce, alimony, inheritance, will and financial dispositions related to real estate or transferred by contract and possession or any reason to gain the right to it. As well as the nodal and non-contractual behaviors, and the control of attribution is the means that connects the idea of attribution to the law ascribed to it, and this adjuster derives its existence and nature from the center of gravity of the relationship, and since the relationship consists of three elements, which are persons, subject and cause, if its center is the first element, then the officer will have a personal nature That is, it is derived from the person, and the officer appears in the appearance of nationality or domicile according to the state, so the relationship is calculated from personal status issues such as marriage and eligibility. But if the center of gravity of the relationship is the second element of the relationship, then it will be one of the real status issues and the officer will be regional, i.e. derives from the region its nature and is represented by the location of money
But if the center of gravity of the relationship is the third element, then the relationship will be based on one of the three descriptions, which are either 1- a contractual relationship 2- a non-contractual relationship 3- a relationship that is predominantly formal, if it is from the first description, the officer will derive his nature from the contract as the contract is based On the convergence of the wills of two parties, the officer is voluntary (the officer of the will), but if it is of the second description, the officer takes its nature from the place where the relationship is focused, such as the beneficial and harmful act, so the adjuster is the place of the occurrence of the act. In the form and here is mostly where the emergence of behavior.
Elements of building a reference base
It is the law applicable in the relationship, which expresses the sum of the idea of attribution with the attribution officer, and the law takes its nature from the officer. If the officer derives his existence from the parties to the relationship, the officer is personal and the law takes the application of the description, so it is personal, as is the case with the idea of attribution of eligibility in which the officer is personal And he is the nationality officer at the level of countries and Iraq, so the law is personal, the law of nationality, and so for the regional officer related to the disposal of real estate, which is the location of the property, where the law entrusted to him is a regional law, which is the law of the location of money. As for the officer derived from contracts, which is the officer of will, the law has the law of will, and so on for For non-complex behavior as well as related to form.
The primary function of attribution rules is to refer to or attributing the dispute to the law of a specific country that provides a solution to the conflict. The rules of attribution are called conflict of laws rules.
The nature of the rules of attribution
The rule of attribution is an indefinite rule
Since not all attribution rules have a legal name to them, it just means that the relationship is governed by laws relating to the essential elements of the relationship, and does not specify the laws of a particular country or region, especially those that are international in nature.
Predicate base is an indirect base
That is, it cannot give a final resolution of the dispute, but the rule that refers only to the applicable law, and its applicable rules provide a final resolution of the dispute. For example: a person's citizenship and ability must comply with the laws of the country to which he or she belongs. Therefore, with regard to nationality, it differs from all other rules governing international relations, which are mostly direct rules and the rules for the international jurisdiction of Egyptian courts are direct rules that determine the jurisdiction of national courts in disputes involving foreign factors.
double base base
In other words, it is based on domestic law as well as acceptance of domestic law and foreign law, and this repetition is the basic premise of the presumption of inconsistency, if there is no conflict, the judge has no right to choose