Browsing by Subject " Summary in English: Investment contracts are considered effective means of developing the economy of countries aimed at encouraging foreign investment between host countries and foreign investors, so that they have a special nature that distinguishes them from the rest of the contracts for the lack of equality of the legal positions of the parties, and this caused a dispute over the law applicable to these contracts, so that some jurisprudence is directed to adopt the right to apply the national law of the host country as the most relevant to the contract, as well as for the sovereign considerations of these host countries. Others went to a range of legal systems in an attempt to remove these contracts from the national rule of law of host countries on the grounds that these national laws are inefficient, as well as in order to protect foreign investors, most of whom belong to developed countries. However, all these differences between them, but they are all in agreement that the principle of the freedom of the parties to choose the law is guaranteed to be guaranteed that these contracts are based on the consent of the parties . "
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|فعالية المحكمة الدستورية في تجسيد مبدأ الدفع بعدم الدستورية (تونس -الجزائر-المغرب)