FEATURES OF REGULATING THE INSTITUTION OF CONTRACTUAL JURISDICTION IN CONTINENTAL LEGAL SYSTEM
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
This article is devoted to the peculiarities of the legal adjusting the institute contractual jurisdiction and problems of practical implementation of prorogation agreements in countries of continuum legal system. The international legal acts regulating relations in the field of contractual jurisdiction were analyzed. The basic directions of legal regulation of contractual jurisdiction were disclosed. A separate analysis of norms of the Hague Convention on choice of court agreements was done. This made possible to reveal the nature of the choice of court agreements. In addition there was determined the basic requirements for choice of court agreement and subject to its conclusion and applying into international commercial dispute. The problems of applying of such agreements in the EU, and the prospects for its use in the practice of international relations were discovered. Some aspects of legal regulation of contractual jurisdiction in national legislation of some EU member states were disclosed. The main problems of practical application of law on contractual jurisdiction and the position of national courts were discovered. It was determined that prorogation agreement is signing in the form of procedural agreement and complements the procedural rights of the parties of it. The attention that the prorogation agreement has no clear enforcement mechanism chosen court was made. The main challenges for the further practical use of such agreements were disclosed. The conclusion as to what the nature of continental legal systems of EU member states reveals potential in the effective settlement of problems of practical applying the institute of contractual jurisdiction were made.
Authors and Affiliations
Н. В. Іроденко
Keywords
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