Objective control over the validity of the jurisdiction of the foreign court when ordering implementation ( A comparative study )

Abstract

When the foreign judgment is submitted to the judge who is required to issue an order for its implementation, he begins with an audit procedure aimed at ensuring that the objective conditions for the validity of the foreign judgment are met, including the validity of the jurisdiction of the foreign court that issued the judgment requested to be ordered to be executed.

     he control over the validity of the foreign court’s jurisdiction takes place on two levels, the first level is the control of the international jurisdiction, i.e. the jurisdiction of the state’s courts in disputes with a foreign element vis-à-vis the courts of other countries, which is called direct general jurisdiction, and the second level is the control of internal jurisdiction, i.e. determining the competent court from among the courts of the issued state. Among them is that ruling, and it is called special jurisdiction, and in some cases this system may reach the extent of the intervention of a court competent to implement in reforming or amending the foreign ruling after reviewing it objectively in preparation for its implementation within the region.

     In order to stand on the objective control over the condition of the jurisdiction of the court that issued the judgment to be implemented, we have divided this research into two sections. In it, we showed the most important findings of this research.