Review article
A Higher Court’s Ruling on Territorial Jurisdiction in Civil Proceedings
Jozo Čizmić
; Pravni fakultet Sveučilišta u Splitu
Abstract
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.
Keywords
delegation of jurisdiction; ruling as to jurisdiction; ordering of jurisdiction
Hrčak ID:
87713
URI
Publication date:
16.4.2012.
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