Prorogation of jurisdiction in the law of civil procedure
2008
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Advisor: Prof. Dr. Hakan Pekcanıtez
Abstract (EN)
In the law of civil procedure restricted by public authority, imperious rules predominate and the parties do not possess an unconditional freedom of disposition, in other words latitude in agreement, which they possess in private law. The parties are given by the law the authorization to retrench on the rules of procedure under restricted conditions. ?Prorogation of jurisdiction?, which comprises our subject of research, is one of these exceptional conditions. The above mentioned concern, established in the 22nd item of ? Civil Procedural Code" offers the parties the opportunity to make a contract on the location of the court in which the disagreement will be dealt with. As a result, the parties attain, within the limitations established by the legislative, a procedural latitude in rendering authorized the court of law they prefer. Even though some regulations for jurisdiction are present in the law, it is rather difficult for the legislative to organize regulations of jurisdiction which are satisfactory for the parties in each individual case. Consequently, the legislative has reached the conclusion that it is essential to validate the parties? volition in organizing the regulations on jurisdiction and permitted them to appoint, within the limitations established by the legislative, an authorized court of law that is to their own benefit.
Author
Dr. Nur Bolayır
Institution
How to Cite
Nur Bolayır (Master Thesis). Prorogation of jurisdiction in the law of civil procedure, 2008, Galatasaray University.
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