Conditions of Legal Transplant: A Study Within The Scope of The Philosophy of Law

It is challenging to establish conditions for a flexible and uncontrolled legal phenomenon, such as the phenomenon of legal implantation, because it is changing by changing its constituent elements. Yet, we have tried to establish two conditions: general conditions close to the legal transplant process, which can apply to almost all legal transplants. We called these conditions (verification conditions). Once these conditions are met, we are facing an integrated legal transplant. These conditions include; the first condition indicating there should be a transition of the legal base from one country to another. The value of this requirement is excellent in terms of the distinction between legal transplantation and other transfers of legal rules between countries. The second requirement of verification is that the legal law transferred is foreign of foreign origin, i.e., foreign from the receiving legal environment. The third condition is that the legal transplant should occur in the receiving state's legal system. As for the second type of conditions, which we called (conditions of success), they are conditions related to the success of the legal transplant and achieving its desired objectives, and this type of conditions falls under it a lot of sub-conditions, so we tried to put titles for these conditions characterized by the capacity of the meaning, to understand many details, which can not be searched to make them independent addresses, These conditions are: the condition of legal participation and legal harmony, and this condition represents the fundamental foundations of the legal families, and the second condition is the cultivation of laws that have proved successful in the exporting country, and the importance of this condition lies in avoiding going into the experience of new statutes or has not yet succeeded. This condition is urgent in the success of the legal transplant process in terms of the political will of the law to be implanted in terms of identifying its pros and cons, in addition to the awareness of this political will with the needs, problems, and desires of its society, which makes it choose the right lawyer for its social environment