The Role of Attribution Rules in Proving and Interpreting the Law in the Conflict of Foreign Laws (Analytical Study of Iraqi Law)

Attribution rulesare considered as the best means that the national legislator puts to select the most appropriate disputingor crowded laws to the specific International relationship rule and the most fulfilling to the requirements of justice. So the target of these rules is the selection of the appropriate rules that achieve the solution compatible with the requirements of logic, justice, and fairness. On this basis, we will divide the research into three chapters, the first one is in two sections. In the first one, we will deal with the concepts that is divided into two demands. In the first demand, we deal with the concept of attribution rules and foreign law and their characteristics, because when the national attribution rule indicates that the law applicable to the legal relationship with a foreign element is a foreign or a national law, its application is obligatory. While in the second demand, we deal with the external and internal pillars of the attribution rules. The second section is specified for the general and comprehensive concepts which is in return divided into two demands. We discuss the historical development of the rules of attribution in the European Law through the Anglo-Saxon and Latin jurisprudence. In the second demand we indicate the historical development of the rules of attribution in (rules of conflict laws) in Iraqi and Egyptian law. The second chapter is entitled the role of the judiciary in proving and interpreting the foreign law. This chapter would be into two sections. The first section is about the role of the judiciary in proving foreign law, and we divide it into two demands. The first onedeal with the legal nature of the foreign law. Here, we have different opinions about jurisprudence. some considered it as one of the reality elements while others considered it as an integral part of the national law. In the second demand, the role of the judge in proving foreign law is discussed. Also,  the opinions of jurists differed in this regard. One aspect of the jurisprudence says that the judge proves the foreign law on his own, and another aspect says that the foreign law is proven by the opponents. As for the second section, we discuss the role of the judge in interpreting foreign law and it consists of two demands. The first in which we explain how to interpret foreign law. In the second demand, we show the supervision of national court on the constitutionality of legal interpretation.  The title of the third chapter is the role and function of the rules of attribution in the conflict of laws, and this chapter consists of two sections. The first section deals with the function of attribution rules in the conflict of laws which is in return divided into two demands. The first one illustrates the political function of the attribution rule. While the second demand illustrates the legal function of the attribution rule. The second section deals with the role of the attribution rules in resolving conflict of laws and we divide it into two demands. The role of attribution rules in resolving conflict of laws related to personal status issues would be discussed in the first demand. The second demand deals with the role of attribution rules in resolving conflict of laws related to financial transactions. Finally, in the conclusion of the research, we would illustrate the findings and recommendations which my study found.