Obstacles to Implementing Foreign Law: A Comparative Study of Afghan and French Laws

Abstract

The provisions of Afghan law indicate that applying foreign rulings in Afghanistan is not absolute; rather, it is conditional and subject to various requirements. For instance, a foreign ruling is applicable in Afghanistan only when it does not conflict with the sacred teachings of Islam, public order, or public morals. Additionally, the relevant ruling must be issued by a competent authority, confirmed by the Ministry of Foreign Affairs, free from forgery or fraud. Similarly, French laws also subject the application of foreign rulings to certain conditions. In France, a foreign ruling is considered applicable if it is issued by a competent authority and does not contradict French public order or general morals. For this research, a bibliographic approach was utilized, with materials and information sourced from reputable books. The purpose of this research is to elucidate, in a comparative manner, the obstacles to the implementation of foreign law from the perspectives of Afghan and French legal systems. Upon completing this research, it was concluded that when Afghan and French courts perceive the application of foreign law to conflict with their respective public orders, they should refrain from applying such law and instead enact relevant Afghan or French law. Additionally, the laws of both Afghanistan and France lack explicit provisions regarding fraud against the law. However, logically, should such a situation arise, the rule to prevent fraud against the law should be applied.

Keywords: Foreign Law,Fraud Against Law,Judgment,Obstacles,Public Order