Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Rules of Necessary Application of International Work Contract and Its National Organization

Author(s): Yasir Hussein Ali, Faris Kamil Hasan

 International work contract has its features and characteristics that distinguish it from other contracts. These features are reflected in its elements of work, wages and dependency. They are also reflected in defining the international character of this contract, i.e., when the work contract is international then it raises the problem of conflict of laws within the scope of private international law. Since the division of the law into public and private is based on certain criteria to reveal the extent to which a particular law belongs to any of the two branches, and the prevailing criterion for distinguishing between the two laws is the criterion of whether the state or a public legal person is a party to the relationship that the law regulates as the owner of sovereignty and authority; then if the state, as a sovereign regulates the rules governing this relationship they are considered public law. Furthermore, the rules for which the state is the subject are also considered public law. On the contrary, the relationship between two parties, one of whom was not a person of public law, is governed by a special law. The current study investigated the scope of the international work contract law and the extent of the extension of the authority of laws with necessary application and foreign common law rules to govern the multiple issues within the scope of this contract since work relations are closely related to the provisions and regulatory rules that are required.

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