The Role of Partners of the Legal law in the Choice of the Applicable Law in the International Contract Obligations according to the Jordanian Law : Comparative Study

Abstract

A contract is an agreement between two parties on making, modifying

or terminating a legal bond. As it is known, the contracting parties are

admittedly free to choose the law, which will regulate the contract- based

relationship between them, provided that this law does not contradict any

received code of public order or common decency. The issue of research on

the applicable law does not arise in the contract, which does not include the

foreign element, but what raises the question of conflict of laws in its rule, and

its statement is a contract that includes this element, in which case it is called

the international contract. However, to be in force, the widely- spread rule,

viz. the contract is to be subjected to the law of will, would cast doubt on the

extent to which the contractors are free to choose the law that regulates the

contract. Consequently, the legislator has the full right of settling disputable

issues with which the will of the contractors is irrelevant. If the law gives

contractors freedom to choose, will this freedom be absolute or restricted?

There were general rules that govern all matters relating to conflict of

laws in Article (20/ 1) of the Jordanian Civil Law. So, this research paper is

concerned with the contractual compliance as stated in this Article.