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A Higher Court’s Ruling on Territorial Jurisdiction in Civil Proceedings

Jozo Čizmić ; Pravni fakultet Sveučilišta u Splitu


Puni tekst: hrvatski pdf 384 Kb

str. 291-311

preuzimanja: 11.125

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Sažetak

As a rule, the jurisdiction is determined according to the low, thus guaranteeing and ensuring the legality and legal security. Nevertheless, there are cases in which the jurisdiction has not been directly determined by the law due to the fact that legal provisions contain an authorisation for higher courts or parties themselves to decide which court with subject matter jurisdiction shall have the territorial jurisdiction to resolve a specific dispute.
The author in the article points at legal possibilities to transfer the jurisdiction from the court having jurisdiction according to the law to the other court. Furthermore, he gives a special attention to the methods applied by the higher court when deciding upon territorial jurisdiction - the necessary and functional delegation of jurisdiction and ordering of jurisdiction.

Ključne riječi

delegation of jurisdiction; ruling as to jurisdiction; ordering of jurisdiction

Hrčak ID:

87713

URI

https://hrcak.srce.hr/87713

Datum izdavanja:

16.4.2012.

Podaci na drugim jezicima: hrvatski njemački talijanski

Posjeta: 12.953 *