The Plea of Lack of Jurisdiction of the Foreign Law in Disputes Involving Foreign Elements

Authors

  • Ammar Mahmoud Ayoub Al-Rawashed Associate Professor Faculty: Faculty of Law Department, Department of Private Law University, Jerash University Jerash, Jordan
  • Aseel Mahmoud AL RASHDAN Assistant Professor Faculty of Law Department: Department of Private Law University, Jerash University Jerash, Jordan
  • Ahmad Fahed Mohammad AlBtoosh Associate Professor Faculty of Law Department of Private Law Ajloun National University Ajloun, Jordan
  • Essa Lafi Hassan Al Smadi Assistant Professor Faculty of Law Faculty of Law Ajloun National University Ajloun, Jordan
  • FERAS Mohmd ALYACOUB Assistant Professor Faculty of Law Department: Department of Private Law University: Jerash University Jerash, Jordan

DOI:

https://doi.org/10.61707/7q9b4859

Keywords:

Substantive Defenses, Foreign Element, Private International Relationship, Procedural Defenses

Abstract

Determining the applicable law in disputes involving a foreign element is one of the critical issues that typically has not yet received broad jurisprudential and legislative attention due to the nature of the issues regulating it. Basically, disputes related to international relationships are treated through rules called 'Attribution.' These rules typically serve as guidelines demonstrating which applicable law should be resorted to in the prevailing disputes. Locally, despite the efforts the Jordanian lawmakers made to regulate International' foreign' relationships, some of these regulations are inadequate, particularly in cases related to the adversaries' right to claim a lack of jurisdiction of the Foreign Law specified under the attribution rules. Since the subject of pleading this issue was not regulated by clear and explicit texts in Jordanian legislation, the deficiency, ambiguity, and shortcomings were the primary features of these rules, and given the importance of this issue, we present this research to elucidate and analysis the suitability of the rules concerned with regulating the plea of lack of jurisdiction of the foreign law and the legal effect of this plea. 

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Published

2024-07-07

Issue

Section

Articles

How to Cite

The Plea of Lack of Jurisdiction of the Foreign Law in Disputes Involving Foreign Elements. (2024). International Journal of Religion, 5(10), 3247 – 3255. https://doi.org/10.61707/7q9b4859

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