حل تنازع القوانين بضوابط الإسناد تطبيقاً علي قانون المعاملات المدنيية السوداني لسنة 1984 م : دراسة مقارنة

Abstract

the issues on the international relations arena, and the flexibility of those texts to keep pace with emerging issues in the context of the development and expansion of international relations, and the verification of the consent of the Sudanese civil transactions Act of 1984for the Islamic law in the suspended conflict of laws and ways .to resolve it, and find a solution to the problem of research The problem of this research is formed from three axes, summed up that the Sudanese legislator dealt with attribution controls in the texts of articles (10-16) of the Civil Transactions Act of 1984 to solve the problem of the conflict of laws and carefully consider this essential material that attribution controls provided may not be sufficient. These provisions may, in my judgment, be rigid and incompatible with the legislative development that has taken place in the Sudanese legal system, and the practical need of the times. 1984 AD So far, as that I noticed that there is a possibility that some of these legal texts may not be compatible with Islamic law in relation to conflict of laws and its resolution through attribution controls, although the historical source of the Sudanese Civil .Transactions Act 1984 is Islamic law This research put forward several hypotheses to solve the problem of the research where it is assumed that the support controls stipulated in the Sudanese Civil Transactions Act of 1984, are insufficient to address all issues related to the conflict of laws, and it is likely that these controls are rigid, which makes them incompatible with the legislative development of the system of Sudanese laws, as well as not keeping with the changes in the framework of private international relations, and that some provisions of this law with regard to the conflict of laws and resolved through attribution controls contrary to the provisions of .Islamic law The researcher followed the appropriate methods for her .)research: (descriptive - analytical - deductive – comparative This research is completed with the conclusion that included the results, and among the most important of that conclusion is that the texts dealing with the problem of conflict of laws in Sudanese law, were scattered in several laws, the Civil Transactions Act of 1984, and the Civil Procedure Act of 1983 (amendment), for the year 2009, and the law of fundamental judicial rulings of 1983, as well as the support controls contained in the Civil Transactions (Sudanese) Act of 1984, were very limited and did not cover most of the cases of conflicts of laws, this situation is not commensurate with the expansion and development of private international relations and also these controls have not been modified or revised since 1984. More so, the Transactions Act there is a clear difference in the ways of solving the problem of conflict of laws in common law, including the Sudanese Civil Transactions Act of 1984, and Islamic law, most especially when it is related to the .traditional system and that is the principle of control These results were followed by some recommendations, the most important of which is to give attention to the issue of devising legal provisions for new situations, especially those of conflict of laws, by paying attention to the jurists, encouraging them and involving them in the legislative process directly, leading to a rapid decision on the dispute and also a review of provisions relating to conflict of laws in the civil transactions Act of 1984 to make sure to keep pace with the evolution that occurs peculiar to international private .relations