Judicial assignment within the scope of international relations
Journal of college of Law for Legal and Political Sciences,
2015, Volume 4, Issue 12 part 1, Pages 102-148
Known that the legislator through controls jurisdiction shows the competent court to consider the particular dispute, but it may determine, in some cases, more than specialty officer so as to provide an opportunity for parties to the conflict in the selection of a particular court Among held her jurisdiction courts, and so on as provided for in Article ( 37) from the Iraqi Procedures Act in force, and which requires competence in debt claims or transferred to the number of courts, he can count the plaintiff to establish the case in the home of the defendant's court or his business center or place of execution or shop chosen by the parties to the case was filed, this does not mean that the law authorized the establishment of a lawsuit one in front of more than a court, where the law does not permit the establishment of a single suit in front of the two Tribunals, if lifting people suit one in front of the two Tribunals shall Champions petition proceedings before the Federal Court, and as stipulated in the first paragraph of Article 76 of the Code of Procedure, where the This payment is recognized in the scope of purely national relations.
This is the case in light of the domestic law of any national anxious Pure, while if we came to own international disputes and applying them international civil proceedings If the national courts competent into conflict raise it this conflict had before other foreign court held its jurisdiction application of rules, in this Find tried to answer the question as to whether the national courts accept payment judicial referral arises in front by the defendant to the above suit in front of other foreign court analogy to what is prescribed in the domestic law or not accept this payment. But he and the result of the lack of adoption of national legal systems of the States legal system or the legal regulation to solve the problem of judicial assignment within the scope of private international law, grew up differences and conflict between the views of scholars, as well as different judicial rulings, and varied legislation in the give and accept judicial assignment within the scope of international relations or rejection of her and not be applied to disputes arising therefrom. Where the first two-way direction of rejecting the traditional judicial referral and the second trend appeared pro to take judicial reference in the scope of international relations, and for each direction of the arguments in favor of his mind. , But it is through the presentation of views Faqih shows the importance and even the necessity of taking judicial referral within the scope of international relations, has supported many of the recent legislation trend idiosyncratic modern pro-taking judicial assignment, either for the Iraqi lawmaker did not provide for the taking of judicial referral within the scope of international relations We tried to urge the Iraqi legislature to walk on modern legislation approach in taking judicial assignment within the scope of international relations.
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