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Title

EXCLUSIVE COMPETENCE

Pages

 Start Page 47 | End Page 62

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.

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