Agree on the jurisdiction of the court

Document Type : Original Article

Authors

Private Law / Faculty of Law / Mofid University of Qom / Qom / Iran

Abstract

Abstract
Choosing a competent court is a common practice in international business practice. According to the Brussels Convention 2012, some industrialized countries, by joining the 2005 Hague Conference, and many countries by accepting regional treaties, grant jurisdiction to a particular national court and consequently disqualify the competent court, in civil and commercial contracts, with restrictions Accepted. Such an option has no legal basis in Iran, and the contract of Iranian businessmen, exclusively with businessmen of some countries, can be a condition for the selection of a competent court. In Iran, the agreement on the jurisdiction of the court is not a source of effect, except in the case of Article 1010 of the Civil Code, which is limited, as well as commercial agreements between citizens of a few Contracting States and citizens of Iran. Certain, if they are qualified, they will initiate the investigation and otherwise, they will refuse the trial. The purpose of this paper is to analyze the legal framework of the agreement on jurisdiction in private international law and the impact of membership in treaties between states, such as the Hague Conference and the Brussels European Charter, on the economic relations of merchants.

Keywords