منهج الرقابة على اختصاص المحكمة الأجنبية عند تنفيذ الحكم الأجنبي في الجزائر

الملخص EN

One of the most important conditions for the implementation of the foreign judgement in Algeria is that it should be issued by a competent court.

this requirement is subject to the control of the Algerian judge on the occasion of the application for enforcement of the foreign judgement.

the study aims to know the method of checking the jurisdiction of the foreign court by clarifying how the instruments of control are applicable from its various sources, whether it is a legislative or treaty source, and highlighting the distinction between the rules and criteria of jurisdiction.

the results of the research were to resolve the conflict between bilateral and collective agreements in the field of controlling the jurisdiction of the foreign court, particularly in the application of the jurisdiction criterion relating to the law of the country of issuance or execution provided for in those conventions.

the control of the jurisdiction of the foreign court is a technical legal issue, the objectives and results of which are reflected in the elicitation of the method which the Algerian judge checks the jurisdiction of the foreign court in order to facilitate judicial work in a uniform manner.