The Law Applicable to Marriage and Divorce Contracts and Their Effects in the Context of Conflict of Laws

Nawaf, Watubaan Warans

doi:10.63677/jqlap.2025.166363.1477

The Law Applicable to Marriage and Divorce Contracts and Their Effects in the Context of Conflict of Laws

https://doi.org/10.63677/jqlap.2025.166363.1477

Volume 16, Issue: 2 part 2
Autumn 2025

Pages 811-826

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

watubaan warans nawaf

Department of Law - College of Law and Political Science - University of Kirkuk

Abstract

We all know that the law of each country has influence and jurisdiction within the borders of the country that created and enacted it, and the limits of its jurisdiction end with the beginning of the jurisdiction of the law of another country. However, it can exceed the borders and area of its country to be applied within the borders and area of another country, and this depends on the movement of people and funds related to the application of this law. However, what concerns us in this research is the movement of people and the extent to which the law of one country can be applied within the territory of another country.
The methodology of our research lies in the analytical approach, by explaining the marriage contract and the effects and results that arise from it, and the problems of conflict of laws between the two parties to the contract that this contract contains if one of them differs from the other in terms of his enjoying a nationality that differs from the nationality of the other party, as well as the analytical and comparative approach between our Iraqi legislation and other Arab and foreign legislation on the same subject.