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Paper Information

Journal:   NAMEH-YE-MOFID   SEPTEMBER 2009 , Volume 15 , Number 1 (73 LAW); Page(s) 47 To 62.
 
Paper: 

EXCLUSIVE COMPETENCE

 
 
Author(s):  KARIMI ABBAS, SHOKOOHI ZADEH REZA
 
* 
 
Abstract: 

The exclusive character of a jurisdiction means that other jurisdictions could not acknowledge the matters which are attributed to that jurisdiction by law. The exclusive jurisdiction is only related to civil jurisdictions. Consequently, the exclusive competence of penal or administrative jurisdictions may not be discussed. Additionally, the attribution competence is distinguished from the exclusive competence. In fact, the forbiddance resulting from the attribution competence is limited to commencement of an action, but after this phase, the attribution competence of a jurisdiction may not impede other jurisdictions to accept the incidental matters and defensive remedies. In fact, a jurisdiction, before which an action is brought as an exception, could accept this action, even if this action is out of its attribution competence. In contrast, such a jurisdiction, could not accept these actions, if they are within exclusive competence of other jurisdictions.

 
Keyword(s): EXCLUSIVE COMPETENCE, ATTRIBUTION COMPETENCE, INCIDENTAL MATTERS, INDIVISIBLE DEMANDS, EXCEPTIONS, DEFENSIVE REMEDIES
 
 
References: 
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Cite:
APA: Copy

KARIMI, A., & SHOKOOHI ZADEH, R. (2009). EXCLUSIVE COMPETENCE. NAMEH-YE-MOFID, 15(1 (73 LAW)), 47-62. https://www.sid.ir/en/journal/ViewPaper.aspx?id=209999



Vancouver: Copy

KARIMI ABBAS, SHOKOOHI ZADEH REZA. EXCLUSIVE COMPETENCE. NAMEH-YE-MOFID. 2009 [cited 2021April19];15(1 (73 LAW)):47-62. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=209999



IEEE: Copy

KARIMI, A., SHOKOOHI ZADEH, R., 2009. EXCLUSIVE COMPETENCE. NAMEH-YE-MOFID, [online] 15(1 (73 LAW)), pp.47-62. Available: <https://www.sid.ir/en/journal/ViewPaper.aspx?id=209999>.



 
 
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