Advantages And Disadvantages Of Exclusive Jurisdiction

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Statutory exclusive jurisdiction is a form of the international jurisdiction, which is always regulated by the mandatory norms of the law and which may not be overridden by an agreement on jurisdiction by the defendant’s voluntary submission to the different forum. It has imperative character and stands on the fact that the matters involved in the exclusive jurisdiction rules are closely linked to the state sovereignty or the territory of the state and in these situations, the state interest prevails over the private. This means that the state has a special interest to make its’ courts hear the dispute despite other controversial circumstances (such as for instance the agreement on the jurisdiction of a different court), exclude any possibility to transfer the case and the most important, do not allow the recognition and enforcement of foreign judgments, which are made with the violation of the exclusive jurisdiction rules. This special state interest is legally justified and admissible. Therefore, the provisions of the exclusive jurisdictions prescribe that, if the subject matter of the dispute is one of the specifically indicated therein, only the courts pointed there have jurisdiction to hear the dispute and settle it.

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Therefore, it is reasonable and legally justified for the above-mentioned purposes, to have this matter in the norm of the exclusive jurisdiction. Herewith, the more practical element of having to take into account is the need to make entries in land registers located where the immovable property is

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