文章基本信息

标题：A Higher Court’s Ruling on Territorial Jurisdiction in Civil Proceedings
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作者：Čizmić, Jozo
期刊名称：Collected Papers of the Law Faculty of the University of Rijeka
印刷版ISSN：1330-349X
电子版ISSN：1846-8314
出版年度：2012
卷号：33
期号：1
页码：291-311
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：As a rule, the jurisdiction is determined according to the low, thus guaranteeing and ensuring the legality and legal security. Nevertheless, there are cases in which the jurisdiction has not been directly determined by the law due to the fact that legal provisions contain an authorisation for higher courts or parties themselves to decide which court with subject matter jurisdiction shall have the territorial jurisdiction to resolve a specific dispute. The author in the article points at legal possibilities to transfer the jurisdiction from the court having jurisdiction according to the law to the other court. Furthermore, he gives a special attention to the methods applied by the higher court when deciding upon territorial jurisdiction - the necessary and functional delegation of jurisdiction and ordering of jurisdiction.
关键词：delegation of jurisdiction; ruling as to jurisdiction; ordering of jurisdiction.