صلاحيت در رسيدگي به امور مدني

JURISDICTION IN CIVIL MATTERS

The right to exercise jurisdiction in civil matters lies with the court to which a case is refered. However, the findings of courts vary and one courtʹs ruling could contradict another courtʹs ruling on the same matter, in a way that a court declines jurisdiction and refers the case to another court but the latter court could refuse to accept jurisdiction too. In such a case there is a conflict of jurisdictions. Law (legislation) offers various solutions depending on the nature of the jurisdictional conflict. There exist various forms of jurisdictions such functional and local jurisdictions. However, functional jurisdiction is a corollary of the classification of the courts jurisdiction according to their nature, kind and rank. The classification of the courts jurisdiction on the basis of geography is called local jurisdiction. In this research, I have strived to explain the concept of jurisdiction and conflict of jurisdictions by highlighting the advantages and disadvantage of Civil Procedure act of 1379 (2000).