The issue of determining the applicable law to cross-border legal relations is often determined by rules of a special technical nature, called rules of attribution. These rules often reflect a country's legislative policy in dealing with these somewhat complex relationships. However, this does not mean neglecting the interests of the parties, regardless of their affiliation. This is clearly evident in the description we often give to the purpose of attribution rules, which is to select the best solution from among the conflicting laws to govern the disputed issue. As a result of the increase in cross-border relations, both quantitatively and qualitatively, and in order to achieve the best solutions, legal jurisprudence has proposed a number of solutions that have contributed somewhat to confronting these challenges. Among these ideas and solutions, the concept of the law of the social milieu has emerged, which deals with a set of controls shared by the parties, making it unfair to exclude the application of this law from among the applicable laws, given its superiority over others due to these commonalities.
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Hikem Al-Fartusi
Khairuddin Al-Amin
University of Babylon
College of Law
Al-Muthanna University
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Al-Fartusi et al. (Sun,) studied this question.
www.synapsesocial.com/papers/69ba42bc4e9516ffd37a33d4 — DOI: https://doi.org/10.63677/jqlap.2025.159727.1325