Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 908-1021 |
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Jabbari R, Bashokouh M, Noushadi2 E. Exceptions to the Principle of Jurisdiction of the Court of the Defendant's Residence and its Adaptation to Canadian Law. MLJ 2022; 16 :908-1021
URL: http://ijmedicallaw.ir/article-1-1758-en.html
URL: http://ijmedicallaw.ir/article-1-1758-en.html
1- . Department of Private Law, Ardabil branch, Islamic Azad University, Ardabil, Iran.
2- Department of Law, Ardabil branch, Islamic Azad University, Ardabil, Iran.
2- Department of Law, Ardabil branch, Islamic Azad University, Ardabil, Iran.
Abstract:
Background and Aim: One of the very important principles accepted in the civil laws is the principle of the jurisdiction of the court of the defendant's place of residence. and if the defendant does not reside in Iran, the criterion for filing a lawsuit is his place of residence and if he does not have a place of residence, the competent judicial authority is the place where the defendant has immovable property and if it the competent court is the place of residence of the petitioner.
Method: The method of the upcoming research is descriptive-analytical as well as comparative.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been respected.
Results: Although there are exceptions to this principle, which can be found in the form of lawsuits related to immovable property, lawsuits related to companies, claims for liens, lawsuits for damages, lawsuits for disputes due to the summary or ambiguity of rulings, lawsuits related to estates. The deceased mentioned commercial claims and movable claims arising from contracts and dozens of other issues in this regard. In Canadian law, there are exceptions for lawsuits in the court of the defendant's place of residence, which is often governed by the immovable property law or the parties' agreements and the place of residence of the defendant is an important and accepted principle in this country.
Conclusion: In Canadian law, the most important problem is in evaluating the concept of "residence" in different provinces and it is usually divided by terms such as "ordinary", "actual" or "ordinary", each of which has an independent meaning. Domicile in Canadian law is not an exclusive concept unlike residence where a person resides in more than one jurisdiction at the same time. At the simplest level, residency means that a person lives in a jurisdiction.
Please cite this article as:
Jabbari R, Bashokouh M, Noushadi E. Exceptions to the Principle of Jurisdiction of the Court of the Defendant's Residence and its Adaptation to Canadian Law. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e56.
Method: The method of the upcoming research is descriptive-analytical as well as comparative.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been respected.
Results: Although there are exceptions to this principle, which can be found in the form of lawsuits related to immovable property, lawsuits related to companies, claims for liens, lawsuits for damages, lawsuits for disputes due to the summary or ambiguity of rulings, lawsuits related to estates. The deceased mentioned commercial claims and movable claims arising from contracts and dozens of other issues in this regard. In Canadian law, there are exceptions for lawsuits in the court of the defendant's place of residence, which is often governed by the immovable property law or the parties' agreements and the place of residence of the defendant is an important and accepted principle in this country.
Conclusion: In Canadian law, the most important problem is in evaluating the concept of "residence" in different provinces and it is usually divided by terms such as "ordinary", "actual" or "ordinary", each of which has an independent meaning. Domicile in Canadian law is not an exclusive concept unlike residence where a person resides in more than one jurisdiction at the same time. At the simplest level, residency means that a person lives in a jurisdiction.
Please cite this article as:
Jabbari R, Bashokouh M, Noushadi E. Exceptions to the Principle of Jurisdiction of the Court of the Defendant's Residence and its Adaptation to Canadian Law. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e56.
Type of Study: Original Article |
Received: 2023/10/25 | Accepted: 2024/02/2
Received: 2023/10/25 | Accepted: 2024/02/2
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