REVIEW OF JURİSDİCTİONIN THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS
The question of the limits of jurisdiction review of the court of origin by the court addressed in the recognition oj enforcement of judgments is an important matter to be analysed. When the court addressed is allowed to review the jurisdiction of the court of origin İn every case, it might lead to...
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| Format: | Article |
| Language: | English |
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Ankara University
2001-01-01
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| Series: | Ankara Avrupa Çalışmaları Dergisi |
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| Online Access: | https://dergipark.org.tr/en/download/article-file/1341205 |
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| _version_ | 1849691911991853056 |
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| author | Bahar Yeşim Durak |
| author_facet | Bahar Yeşim Durak |
| author_sort | Bahar Yeşim Durak |
| collection | DOAJ |
| description | The question of the limits of jurisdiction review of the court of origin by the court addressed in the recognition oj enforcement of judgments is an important matter to be analysed. When the court addressed is allowed to review the jurisdiction of the court of origin İn every case, it might lead to unnecessary delays vvhereas there might be conflicts conceming the competency of a foreign court in revievving jurisdiction of the courts of “another State” as well. On the other hand, prohibition of jurisdiction revie\v of the court of origin could lead to İgnoring false determinations conceming jurisdiction of the court of origin İn some cases. So, determination of the competency of the court addressed in reviewing the jurisdiction of the court of origin should be considered carefuliy.Both in the Brussels Convention1 and in the Draft Hague Convention,2 3 there are provisİons for the review of jurisdiction of the court of origin in the court addressed when recognition or enforcement is sought. Though the main principle is the “non-review” of jurisdiction of the court of origin İn the context of the Brussels Convention as explicitly stated in articles 28/3 and 34/2, there are exceptions within this Convention to this rule. On the other hand, in the Draft Hague Convention, there is the article 27/1 directing the court addressed to verify the jurisdiction of the court of origin and there are many possibilities that allow the court addressed to review the jurisdiction of the court of origin. |
| format | Article |
| id | doaj-art-b3d4fd94813a45c6806f04c5e94fc52d |
| institution | DOAJ |
| issn | 1303-2518 |
| language | English |
| publishDate | 2001-01-01 |
| publisher | Ankara University |
| record_format | Article |
| series | Ankara Avrupa Çalışmaları Dergisi |
| spelling | doaj-art-b3d4fd94813a45c6806f04c5e94fc52d2025-08-20T03:20:52ZengAnkara UniversityAnkara Avrupa Çalışmaları Dergisi1303-25182001-01-0111617010.1501/Avraras_000000005745REVIEW OF JURİSDİCTİONIN THE RECOGNITION AND ENFORCEMENT OF JUDGMENTSBahar Yeşim Durak0ANKARA ÜNİVERSİTESİThe question of the limits of jurisdiction review of the court of origin by the court addressed in the recognition oj enforcement of judgments is an important matter to be analysed. When the court addressed is allowed to review the jurisdiction of the court of origin İn every case, it might lead to unnecessary delays vvhereas there might be conflicts conceming the competency of a foreign court in revievving jurisdiction of the courts of “another State” as well. On the other hand, prohibition of jurisdiction revie\v of the court of origin could lead to İgnoring false determinations conceming jurisdiction of the court of origin İn some cases. So, determination of the competency of the court addressed in reviewing the jurisdiction of the court of origin should be considered carefuliy.Both in the Brussels Convention1 and in the Draft Hague Convention,2 3 there are provisİons for the review of jurisdiction of the court of origin in the court addressed when recognition or enforcement is sought. Though the main principle is the “non-review” of jurisdiction of the court of origin İn the context of the Brussels Convention as explicitly stated in articles 28/3 and 34/2, there are exceptions within this Convention to this rule. On the other hand, in the Draft Hague Convention, there is the article 27/1 directing the court addressed to verify the jurisdiction of the court of origin and there are many possibilities that allow the court addressed to review the jurisdiction of the court of origin.https://dergipark.org.tr/en/download/article-file/1341205reviewjurisdictionjudgmentsreviewrecognitionjudgments |
| spellingShingle | Bahar Yeşim Durak REVIEW OF JURİSDİCTİONIN THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS Ankara Avrupa Çalışmaları Dergisi review jurisdiction judgments review recognition judgments |
| title | REVIEW OF JURİSDİCTİONIN THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS |
| title_full | REVIEW OF JURİSDİCTİONIN THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS |
| title_fullStr | REVIEW OF JURİSDİCTİONIN THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS |
| title_full_unstemmed | REVIEW OF JURİSDİCTİONIN THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS |
| title_short | REVIEW OF JURİSDİCTİONIN THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS |
| title_sort | review of jurisdictionin the recognition and enforcement of judgments |
| topic | review jurisdiction judgments review recognition judgments |
| url | https://dergipark.org.tr/en/download/article-file/1341205 |
| work_keys_str_mv | AT baharyesimdurak reviewofjurisdictionintherecognitionandenforcementofjudgments |