Law is Applicable to Civil Liability Arising from Car Accidents of an International Nature | ||||
| The Egyptian Science Magazine | ||||
| Volume 11, Issue 1, December 2024, Page 45-67 PDF (443.72 K) | ||||
| Document Type: Original Article | ||||
| DOI: 10.21608/esm.2024.345400 | ||||
 View on SCiNiTO | ||||
| Author | ||||
Suhair Mohammed Ali El-Wakeel 
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| College of law, University of Asyoot | ||||
| Abstract | ||||
| legislator in each country establishes a rule of reference that specifies law applicable to a specific legal relationship or fact, and this rule of reference is limited to referring to a specific legal system, legislator in each country establishes an attribution rule for each assigned idea that contains a set of attribution controls indicating the applicable law. Many legislators have established an attribution rule for tort liability or (harmful action) requiring the application of the law of the country in which the harmful act occurs, in application of an old rule stipulating This ruling has prevailed for a long time, dating back to periods of conflict between laws, and most legislation still stipulates this rule. However, this rule was not the only one. In addition to it, other rules of application appeared, including the law of the state most relevant to the accident. There was also a role for will even in the field of determining the law applicable to tort liability, although will had no room for it except Within the scope of the law that governs contractual obligations, therefore, in the face of the stagnation of the traditional rule that governs liability, it is necessary to clarify position of new rulings brought by jurisprudence and the judiciary regarding the rule of liability, along with a statement of the position of Kuwaiti law and foreign laws. We will also clarify the position of international agreements in this field, and through... Studying the subjection of tort liability for car accidents to local law, applying the law most closely related to the accident, applying the law chosen by the parties, and the position of international agreements. The study recommends that Kuwaiti law, and many laws, stipulate the application of the law of the country in which the incident creating the obligation occurred to non-contractual obligations. No one in jurisprudence has denied importance of this rule in its application to tort liability, but there has been discussion about its feasibility in some hypotheses in which it becomes clear The law of the country in which the incident creating the obligation occurred has a tangential connection, so it would be fair to apply the law of the country most relevant to this incident, so we recommend adding another paragraph to the text of Article (27) of the Kuwaiti Civil Code. | ||||
| Keywords | ||||
| law; civil liability; accidents; cars; international character | ||||
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