رقابة الاختصاص القضائي عند تنفيذ الأحكام الأجنبية في الأردن

مجلة مؤتة للبحوث والدراسات مجلد 18، عدد7، 2003

Abstract

It is a must for an executing judge when executing a foreign court’s judgment in his own country to ascertain that the foreign court was competent.

This requires him to investigate whether or not under the applicable law he is referring to the court that issued the decision was competent or not.

It is meant by competence here the international competence of foreign court. But with regard to internal competence of such court that issued the judgment, the judge is not obliged to make sure if it is met.

In order to know the competence of the foreign court (which issued the judgment, the judge is due to apply), we have divided this article into two parts. The first part deals with the concept of the national judicial control over competence of the foreign court. The second part is concerned with the limits of the control over the judicial competence for such foreign court.

The article ends with a conclusion in which results and recommendations are laid down.