Referral and delegation between absoluteness and restriction in Libyan private international law
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The research aims to shed light on the rules of attribution and the role they play in conflict of laws, as each country has its own rules of attribution. Accordingly. It is logical for the national judge to refer originally to the rules of private international law formulated by its legislator to determine the applicable law, provided that exceptional cases the judge refers to the foreign attribution rule to know the competent law, as is the case in the issue of referral of both types, whether external referral or internal referral (delegation). The research will also address the oscillation of jurisprudence between those who accept referral and those who reject it, and the position of Libyan law on it. All of this will be presented by defining the concept of referral and its types, then clarifying the problem caused by not accepting referral. We will also conceder its scope of application, the difference between it and referral, and clarify the legislative vacuum and contradiction caused by accepting delegation. And not taking into account the referral in Libyan law.