Tunisia: Treatment of Foreign Law in Tunisia
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This report outlines the status of foreign law in Tunisia. It explains that the application of conflicts rules in Tunisia is always mandatory for the judge. However, these rules are imperative for the parties to the extent that the object of the dispute is a category of rights that the parties cannot dispose of freely. Foreign law is treated as law and not fact; and Tunisian judges, without being obligated to, have the power to ascertain, with the assistance of the parties when necessary, the content of the foreign law. The application and the interpretation of the conflicts rules as well as foreign laws are subject to the control of the Tunisian cour de cassation. The Report also indicates that access to foreign law needs to be enhanced in order to ensure better resolution of private disputes involving foreign elements.