Conflict of Legislative and Judicial Jurisdiction Regarding the Protection of Persons with Disabilities
An Analytical Study
DOI:
https://doi.org/10.35246/djv7xm48Keywords:
Conflict of Laws, Conflict of Jurisdiction, Ensuring Security, Persons with Disabilities, International ProtectionAbstract
A disability may prevent a person from carrying out essential daily tasks, including managing their finances, claiming their inheritance after the death of their ancestor, or entering into contracts, especially if the disability is intellectual or mental, or if it is a severe and prolonged physical injury. In such cases, the person needs legal representation, such as a guardian, trustee, or custodian, to manage their financial and personal affairs ("guardianship of property and person"). However, this representation can be exploited, as the authority granted to these individuals may be abused by misappropriating the disabled person's assets, transferring them to others, or smuggling them out of the country to deprive them of their rights. This is done by exploiting the disabled person's vulnerability and inability to defend their assets or claim their rights in court. Therefore, this person needs legal and judicial protection through the application of the most favorable law. The judge must apply the rules that are necessary for the protection of persons with disabilities whenever their rights fall within the scope of such rules. In the absence of such rules, the judge must apply the relevant international substantive rules that govern the rights of persons with disabilities, excluding any law that prohibits them from exercising these rights. This is one of the rights of the person, and the importance of judicial protection for the person with a disability is demonstrated by relying on the officer who provides protection for this person and his money, while taking the necessary measures regarding the money of the person with a disability to prevent the deputy or others from disposing of it.
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References
First: Legal Books:
I. Dr. Ahmed Abdel-Karim Salama, Principles of International Conflict of Laws, Dar Al-Nahda Al-Arabiya, Cairo, 2008.
II. Dr. Ahmed Abdel-Karim Salama, International Conflict of Laws and International Civil Procedure, Dar Al-Nahda Al-Arabiya, Cairo, N.D.
III. Dr. Ahmed Abdel-Karim Salama, Private International Law: Nationality, Domicile, Treatment of Foreigners, International Conflict of Laws, and International Civil Procedure, 1st ed., Dar Al-Nahda Al-Arabiya, Cairo, N.D
IV. Dr. Adam Wahib Al-Nadawi, Civil Procedure, 3rd ed., Al-Atik for Book Production, Cairo, 2011.
V. Pierre Meyer and Vincent Houzé, translated by Dr. Ali Mahmoud Muqallad, Private International Law, 1st ed., Majd University Foundation for Studies, Publishing, and Distribution, Beirut:, 2008.
VI. Dr. Hassan Al-Hadawi, Conflict of Laws and its Provisions in Iraqi Private International Law, 1st ed., Dar Al-Thaqafa, Amman, 2005.
VII. Dr. Hassan Al-Hadawi, Conflict of Laws in Jordanian Private International Law, 1st ed., Dar Muhammad Lawi, Amman, 1993.
VIII. Dr. Salah Al-Din Jamal Al-Din, The Concept of Public Order in Private International Relations between Positive Laws and Islamic Law, 1st ed., Dar Al-Fikr Al-Jami'i, Alexandria, 2004.
IX. Dr. Abdullah Fadel Hamed, The Principle of Legal Certainty in Private International Relations, 1st ed., Dar Qandil, Amman, 2016.
X. Dr. Abdullah Fadel Hamed, Mandatory Rules and their Applications to International Contracts, 1st ed., Dar Qandil, Amman, 2015.
XI. Dr. Abdul-Majid Al-Hakim et al., A Concise Overview of the Theory of Obligation in Iraqi Civil Law, Vol. 1, Al-Atik for Book Production, Cairo,N.D.
XII. Dr. Ezz El-Din Abdullah, Private International Law, on Conflict of Laws and International Jurisdiction, Vol. 2, 5th ed., S.I: Dar Al-Nahda Al-Arabiya, 1965.
XIII. Dr. Akasha Muhammad Abdul-Aal, Conflict of Laws: A Comparative Study, Al-Halabi Legal Publications, Beirut, 2007.
XIV. Dr. Ghaleb Ali Al-Daoudi, Private International Law, Book One: Conflict of Laws, International Jurisdiction, and the Enforcement of Foreign Judgments: A Comparative Study, 3rd ed., Dar Wael, Amman, ,N.D.
XV. Dr. Muhammad Jalal Hassan et al., Private International Law - Conflict of Laws - International Jurisdiction - Enforcement of Foreign Judgments, 1st ed., Yadkar Library, Sulaymaniyah, 2020.
XVI. Dr. Muhammad Khairi Kasir, Cases of Applying the Judge's Law in the Scope of Conflict of Laws: A Comparative Study, 1st ed., Al-Halabi Legal Publications, Beirut, 2012.
XVII. Second: Legal Research:
XVIII. Dr. Sultan Abdullah Mahmoud, "The Plea of Public Order and Its Effect" Al-Rafidain Journal of Law, the College of Law, University of Mosul, Issue 43, Volume 12, Year 15, 2010, p. 94.
XIX. Third: Laws:
XX. Iraqi Civil Code No. (40) of (1951).
XXI. Egyptian Civil Code No. (131) of (1948).
XXII. Regulating Legal Relations with a Foreign Element in Kuwait No. 5 of 1961.
XXIII. EGBGB of (1986).
XXIV. Swiss Private International Law of (1987).
XXV. UAE Civil Procedure Law No. (11) of (1992).
XXVI. Belgian Private International Law of (2004).
XXVII. Hungarian Private International Law of (2017).
XXVIII. Fourth: International Conventions:
XXIX. The Hague Convention on the International Protection of Adults (2000).
XXX. The Convention on the Rights of Persons with Disabilities (2006).
XXXI. The Rome I Regulation of the Law Applicable to Contractual Obligations (2008).
XXXII. Fifth. Electronic References:
XXXIII. Dr. A. Mohammedi Bouzina Amna, "Problems Raised by Conflict of Laws in Custody Matters: A Comparative Study in Light of Arab Legislation and Jurisprudence in Algeria, Issue 5, Volume 3, 2018, p. 250. This research is available online at: https://asjp.cerist.dz/en/article/85611 (last accessed /5/ 5, 2021).
XXXIV. Hamza Qattal, "The Concept of Primary Issues in the Context of Conflict of Laws, Algeria, Issue 11, 2011, p. 55. This research is available online at the following link: https://asjp.cerist.dz/en/article/89686 (last accessed 5/2/2026).
XXXV. Dr. Karim Mazal Ali Shabi and Hind Muhammad Ali, "The Law Applicable to Preliminary Matters, Volume 19, Issue 1, 2017, p. 142 et seq., available online at the following link: https://journal.nahrainlaw.org/index.php/ar/article/view/516/239 (last accessed 2/ 2, 2026).
XXXVI. Kawthar Atiya Laflouf, "Precautionary Seizure Procedures in Iraqi and Qatari Law, Issue 10, 2024, p. 434, available online at the following link: https://www.tasnim-lb.org/index.php/ijhs/article/view/241/237 (last accessed 2/ 6, 2026).
XXXVII. Sixth. English References:
XXXVIII. v. Jonathan Todres, Emerging Limitations on the Rights of the Child: the U.N. Convention on the Rights of the Child and Its Early Case Law Columbia human rights law review, vol30, 1998, p169.
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