It has been shown through the research on the subject of voluntary change
of the rules of attribution and selection of applicable law that the will has a
prominent role in the conflict of laws and the application of the law by
giving the parties t
he right to choose the most appropriate law governing
the legal relationship with a foreign element and enable them to determine
the fate of this legal relationship.
The general rule of responsibility in modern legislation is that every
fault causes harm to others, oblige the perpetrator to make
reparation. But the absolute application of this rule will cause
reluctance of the judge's decision dictated by his
conscience and
will lead to the judge's preoccupation with his main work, which is
the separation of disputes, to defend himself in the cases that may
be raised by the opponents. However, the litigants can not be held
accountable for their impartiality and their proper application of the
law. Therefore, the legislator has given the litigants the right to hold
the judge accountable through a case of dissent.