Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The legislative scope of the exceptions to the principle of jurisdiction of the court of the defendant's residence and its adaptation to Canadian law

Document Type : research

Authors
Roya Jabbari 1
Mozaffar Bashokouh 2
Ebrahim Noshadi 2
1 PhD student, Department of Private Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran.
2 Assistant Professor of Law Department, Ardabil Branch, Islamic Azad University, Ardabil, Iran.
10.22034/ejs.2024.436017.1668
Abstract
Background and Aims: Exceptions to the principle of local authority of the court have been proposed in scattered regulations. The purpose of this article is to examine the legislative scope of exceptions to the principle of jurisdiction of the court of the defendant's residence and its adaptation to Canadian law.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: There are exceptions to the principle of the jurisdiction of the court of the defendant's place in Iranian and Canadian laws, and the laws and judicial procedure of its territory have been explained.
Conclusion: In general, the types of exceptions to the principle of jurisdiction of the court of the defendant's place of residence in Iranian law can include claims related to immovable property, claims related to suspension (bankruptcy), claims for damages (claims for damages caused by non-performance or delay . In Canadian law, these exceptions, which are often the immovable property law or the parties' agreements on jurisdiction, and the place of residence of the defendant is an important and accepted principle in this country, and the criteria for determining individual and personal jurisdiction in Canadian law, residence or relationship The defendant is directly with his headquarters.
Keywords
court jurisdiction
place of residence
defendant
Individual competence
Subjects
Strategic Studies of Jurisprudence and Law
Volume 6, special issue
Studies of economic jurisprudence
Summer 2024
Pages 583-600