The supremacy of algerian judicial law in matters of conflict of laws

Abstract

Conflicts involving foreign elements have gained significant importance in legislation due to the evolution and expansion of international relations. This creates conflicts of laws when such disputes are brought before a national judge in private relations with a foreign element. Consequently, in judicial practice, the judge is compelled to refer to conflict of law rules to determine the applicable law.The attribution rule accurately identifies the law applicable to the dispute, which may be either foreign law or the law of the forum. However, in certain specified cases, the national judge exclusively applies domestic law instead of the foreign law that would otherwise be applicable, based on predefined considerations. Thus, the application of foreign law is excluded in accordance with the criteria established by the legislator in conflict of law rules.