Public Order

Excerpt from the Private International Law Book Published by the Arab International University

in  2026

Public Order

The functioning of the conflict of laws rules is complemented and affected by a set of related matters.  

Among the issues addressed by the Syrian legislator are:

Identifying the legal reference when determining the nature of the subject matter of the dispute in order to link it to an appropriate connecting rule with the purpose of ascertaining the law to be applied (Article 11); specifying cases in which connecting rules are displaced from application, in particular where a special provision exists or where an applicable international treaty is relevant (Article 25); determining the subsidiary source to fill legislative gaps in matters for which no domestic connecting rules have been provided (Article 26); providing the solution where, in the course of applying nationality law, it
becomes apparent to the Syrian judge that the person concerned has multiple nationality or is stateless (Article 27); and also providing the solution where the connecting rule designates the law of a State in which multiple legal systems exist, whether by personal or territorial multiplicity of laws (Article 28). The legislator also sought to
clarify which rules are intended in the law to be applied ,whether substantive rules or connecting rules ,given the risk of a Reference  problem arising in Private International Law (Article 29).

The latest matter addressed by the Syrian legislator within the conflict of laws system was the public policy (order public) exception as one of the exceptions to the application of the law designated by the connecting rules (Article 30); however, the legislator remained silent regarding another exception, namely the invocation of fraud in relation to the law.

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