Acts of Pleading Public Policy as a Guarantee for the Exclusion of Foreign Law and Its Applications in Algeria

Abstract

The emergence of private international relations has led to permitting the application of foreign laws within the territories of host states. Based on the dual nature of national conflict-of-laws rules, these rules may, in certain cases, designate foreign law as the applicable law. While the general principle requires the judge to apply such law, national legislations grant the judge the authority to exclude the application of foreign law if it contains provisions that contradict the fundamental principles of the judge’s state, in application of the concept of public policy. This approach has been adopted by the Algerian legislator within the provisions governing conflicts of laws, specifically in Article 24 of the Algerian Civil Code, in the context of resolving disputes involving a foreign element.