مجلة المنهل
Volume 12, Numéro 1, Pages 241-254
2026-06-30
Public Oder Exception Based On Religious Difference In Mixed Marriage
Authors : Dib Amina .
Abstract
The application of the public order exception is a prevalent phenomenon in mixed marriages, largely due to the distinctive religious nature of these relationships. This makes it falls within the fundamental principles and foundations that may not be violated due to its connection to public order, which gives the judge the right to exclude the foreign law that contradicts the local provisions and replace it with the national law to protect the higher interests and basic principles. This research aims to present the concept of public order and the conditions for its application, and to highlight its role in excluding the application of foreign law to mixed marriages. It also seeks to clarify the judge’s authority to restrict the will of the spouses when concluding a marriage contract or to rule it invalid once it has already been concluded.
Keywords
Public Order Exception ; Religion ; Mixed Marriage ; Conflict of Laws ; Foreign law
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