The Legal rules which govern the international commercial contracts &quot;The methodology of rules with the necessary application & material rules&quot;

Taha, Amir; Al-Otaibi, Muqrin Deedan Ghallab Al-Mughiri

doi:10.21608/ijdjl.2024.242540.1232

The Legal rules which govern the international commercial contracts "The methodology of rules with the necessary application & material rules"

Document Type : Original Article

Authors

¹ Faculty of management sciences October University for modern sciences and arts (MSA)

² the Ministry of Foreign Affairs of the Kingdom of Saudi Arabia

10.21608/ijdjl.2024.242540.1232

Abstract

The nature of international trade contracts prompted the search for appropriate rules for the application of such contracts, which called for the adoption of the idea of uniformity of applicable rules and the emergence of the term material rules and rules with the necessary application.

Material rules or rules of self-regulation are merely an old notion generally intended as a set of customs, customs and rules not issued by an official authority, which are (automatically) spontaneously generated by a few or a group engaged in a particular business activity that it applies and considers binding .

Some jurisprudence has sought to resolve the problem of conflict of law applicable to international trade contract disputes by striking a balance between the right of will to choose the applicable law on the one hand and the requirement of respect for jus cogens texts governing the contract on the other, known as rules with necessary or immediate application, and called more than one term, including: The rules of police or security, the rules of immediate application and the rules of public order, and the prevailing opinion of the doctrine prefers the term rules of necessary application, on the understanding that the imposition of these rules is necessary for the State's interference in both economic and social life, i.e. to secure society.

The importance of the approach of implementing the rules with necessary application and the material rules appears in cases where we face a severe difference between the contractual terms and the rule of law that applies to the contract if the conflict approach is implemented.

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