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فكرة الاداء المميز واثرها في تحديد الاختصاص القضائي الدولي == The Idea of featured Performance and Its effect Upon Specifying The International Judiciary Specialization
Author name:
باسم مبروك عابر حسين الطائي
Supervisor name:
سليمان براك دايح الجميلي
General topic:
Law
Specific topic:
Private International Law
Degree:
Master
University:
University of Fallujah - College Of Law - Department Of Private Law
Language:
Arabic
University location:
Anbar
First pages:
13T1654 - p.pdf
Abstract:
BSo long as the law in all its branches are placed by a human intellectuality , so , it does not stop at a specific level of development , the legal thoughts are get developed based on such intellectuality. The purpose of such development is to block the gap in the legislation and sometimes it addresses some defects that could be realized by a human later.Of the legal thoughts that have appeared for developing the special international law , is the distinguished performance though. The latter get appeared in the field of laws dispute and get spread in huge scale in the international agreements and national legislations . Shortly , the idea of distinguished performance has recently appeared in the judicial domain of special international relations when being included by Brussels tablet for the year 2001 , that concerns withorganizing the judicial specialization and carrying out the foreign rules in the commercial and civil relations in the European Union states. The same idea has been transferred to Brussels organization for the year 2012 that could replace the first tablet.The prominent performance's idea that determines the judicial specialization set off from one point indicating that the contract is a set of regulations that possibly could have been distributed on territories of different states . The attempt to gather the contract points could be achieved through concentrating on disputes before a definite court by searching the contracting relations effects for extracting the prominent commitment of the contract. That means , the commitment distinguishes the contract from others , on other word , the commitment gives the contract special aspects and by this, the commitment will be considered as an expressed one and will be acted on behalf of other commitments in respect to specify the judicial specialization before the court where this commitment should be carried out and implemented as to preserve the unity of the contract before courts of other states.Besides , achieving former acquaintance of contractors by enabling them to be acquainted with knowledge about the court specializing in the dispute concerning with their contract.
