REVIEW OF JURİSDİCTİONIN THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS

Authors : Bahar Yeşim DURAK

Pages : 61-70

Doi:10.1501/Avraras_0000000057

View : 17 | Download : 7

Publication Date : 2001-01-01

Article Type : Research Paper

Abstract :The question of the limits of jurisdiction review of the court of origin by the court addressed in the recognition oj enforcement of judgments is an important matter to be analysed. When the court addressed is allowed to review the jurisdiction of the court of origin İn every case, it might lead to unnecessary delays vvhereas there might be conflicts conceming the competency of a foreign court in revievving jurisdiction of the courts of “another State” as well. On the other hand, prohibition of jurisdiction revie\v of the court of origin could lead to İgnoring false determinations conceming jurisdiction of the court of origin İn some cases. So, determination of the competency of the court addressed in reviewing the jurisdiction of the court of origin should be considered carefuliy.
Keywords : REVIEW, JURISDICTION, JUDGMENTS