The Law Applicable to the Capacity of Exchange Obligation -Comparative Study

Abstract

The issue of capacity in private international law takes a very important place whether in the rules related to conflict of laws, or in the international conventions interested with unifying the applicable law, for example the Geneva convention 1930 and 1931 related to the exchange obligations which have had an impact on many countries’ legislation, But the capacity poses several legal problems, whether in Algerian or Moroccan legislation, Such as the problem of applicable law to it in the field of exchange obligations. The aim of this study is to indicate if Algerian or Moroccan legislation specified the capacity with a specific applicable law in the field of exchange obligations, or should general rules be applied in this case