الاختصاص القضائي الدولي للمحاكم المغربية

Abstract EN

Most legislation relies on basic principles according to which the international judicial jurisdiction of courts is established, and that the state has the freedom to determine the jurisdiction of its courts over disputes involving a foreign element according to the considerations it chooses, since determining judicial jurisdiction in each state is related to sovereignty, and this is what gives it a special character that distinguishes it from the rules of internal jurisdiction.

In addition to the fact that they are national rules that the national legislator contributed to in making, and they are one-sided as they only seek to determine the cases that the national judiciary is competent to consider, the general principle is that the national legislator is the one who determines the cases of jurisdiction of the national courts with regard to the consideration of private international disputes, in view of the national character that It is distinguished by the rules of international judicial jurisdiction, and this is what most countries’ legislation has settled on in activating general principles that they follow as controls to determine the jurisdiction of their courts.