Volume 6 - Issue 1 (5) | PP: 98 - 111
Language : العربية
DOI : https://doi.org/10.31559/LCJS2025.6.1.5
DOI : https://doi.org/10.31559/LCJS2025.6.1.5
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The Law Applicable to International Commercial Contracts when the Parties Remain Silent About Specifying the Governing Law in Disputes Involving a Foreign Element
Received Date | Revised Date | Accepted Date | Publication Date |
4/12/2024 | 21/1/2025 | 7/4/2025 | 8/4/2025 |
Abstract
Objectives: The study aims to examine the conflict-of-laws rules adopted by the legislator and analyze the underlying principles used to determine the applicable law in a given dispute. Additionally, the researcher seeks to evaluate the extent to which these rules in Jordanian law align with the requirements of international trade contracts Methods: the researcher employed the following approaches: Descriptive Method: This approach involves describing the legal texts governing the subject of the study, as outlined in the provisions of the Jordanian Civil Code, Analytical Method: This method entails analyzing the relevant legal texts and examining rulings issued by judicial bodies, Comparative Method: This method compares national legislation with relevant international agreements and includes an analysis of how both Jordanian law and international conventions regulate the subject matter. Conclusions: This research concludes that determining the applicable law to an international commercial contract is a central issue for ensuring the stability of commercial transactions and protecting the interests of the parties. With legal and technological developments, the adoption of harmonized solutions and model laws has become an effective means of promoting justice and legal certainty in international commercial relations.
How To Cite This Article
Migdadi , M. M. (2025). The Law Applicable to International Commercial Contracts when the Parties Remain Silent About Specifying the Governing Law in Disputes Involving a Foreign Element. International Journal of Legal and Comparative Jurisprudence Studies, 6 (1), 98-111, https://doi.org/10.31559/LCJS2025.6.1.5
Copyright © 2025, This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.