چکیده:
The lack of sufficient connection between the court and the claim is the main reason for the creation of extreme jurisdiction. Some rules of jurisdiction, such as the court of the place of contract, have lost their logical basis in the historical context, especially due to the development of communication tools. Due to political interests, including support for the nationals of the local court's government, despite the increasing convergence of countries, unfair rules of extreme jurisdiction still remain in place. In France, jurisdiction based on nationality has been preserved and has expanded significantly under the implementation of European Regulation Brussels I. In the United States of America, courts justify the exercise of extreme jurisdictions arising from the passage or seizure of property by broadly interpreting the minimum contact standard. Revising the rules of jurisdiction based on the necessity of connection between the claim and the competent authority, as well as concluding international treaties, protects international private law from the turbulence of decisions based on political motives and, while preserving the rights of all parties to the dispute, provides the basis for a fair trial.
خلاصه ماشینی:
Revising the rules of jurisdiction based on the necessity of connection between the claim and the competent authority, as well as concluding international treaties, protects international private law from the turbulence of decisions based on political motives and, while preserving the rights of all parties to the dispute, provides the basis for a fair trial.
Extraterritorial jurisdiction will exist when the court hearing the case has insufficient connection with the parties to the dispute, the circumstances of the case, the cause or subject matter of the claim, or refrains from paying sufficient attention to the principle of proper administration of justice 1 (Clermont, 2006, p.
Public international law addresses the establishment of certain bases for jurisdiction with regard to the type of connection of the parties to the dispute with the country where the court is located.
Defendants residing in other countries of the world are subject to the national jurisdiction rules and possibly the excessive jurisdiction rules of the Member States, but the judgment issued against them will be recognized and enforced based on the regulation.
The matter raised, which is subject to a special rule based on Article 971 of the Civil Code, in other cases, the same rules and foundations of jurisdiction that are common in domestic law (such as the court of the defendant's domicile, the place of conclusion and execution of the contract, and the court of the location of the immovable property) are applied to disputes with a cross-border element.
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