الاختصاص القضائي الأصلي في عقود الخدمات التقليدية

Abstract EN

It is obvious that the jurisdiction of the courts in a State is based on the territorial link, which is the result of the location of the subject matter of the dispute, the defendant's domicile, the place where the obligation arose or where it was carried out, or the personal association based on nationality.

Which is competent to hear cases brought against its nationals wherever they may be, the sovereignty of the State extends not only to its territory but also to its nationals The service contracts are characterized by a special character that makes it possible to say that the application of the original jurisdictions to their disputes is difficult.

These difficulties are reflected in the fact that these contracts are characterized by the performance or delivery of the services, that is, And the resulting difficulties implicating themselves in the practical situation when attempting to apply the original jurisdictions to service contracts In addition, the two parties to the services contracts are not equal in the centers.

The recipients of services are often in the position of the weak in contracting and subject to some ear of the other party, which requires the search for an officer commensurate with this privacy which is the mechanism of most international and domestic legislation, Has not reached the required level yet Due to the absence of special Iraqi law legal provisions to address the issue of conflict of jurisdiction in service contracts at the international level explicitly and that poses a proposal to special provisions in this topic, especially in the present time the importance will become a study of the subject in the context of private international law by analogy to the provisions of jurisdiction The internal judicial process in the Iraqi legislation whenever it is legally possible, with regard to this within the framework of the Egyptian and French legislation and the bilateral agreements as far as the subject is concerned In order to clarify this, this research has been divided into two sections: the first is presented the original jurisdiction in general While the second topic applying the original jurisdiction over service contract