أثر تعيين الاختصاص التشريعي في الاختصاص القضائي في مسائل الميراث والدعاوى المتعلقة بالتركة

Abstract EN

This research determines the court jurisdiction concerning inheritance disputes and estate related lawsuits having a foreign element.

In this respect, the jurisdiction this research determines the court jurisdiction concerning inheritance disputes and estate related lawsuits having a foreign element.

In this respect, the jurisdiction connecting factors adopted by the legislator are diverse like personal, regional or qualitative.

However, we have dealt in detail with the qualitative jurisdiction-connecting factor.

As this is the first step, beyond doubt, that affects the determination of choice of law, does choice of law affect jurisdiction under estate related inheritance cases having a foreign element? Accordingly, we have studied the influence contained in the European system of inheritance, which represents the latest choice of law approach in the fields of inheritance and private international law in Europe.

This study has established that lawsuits having a foreign element may be determined by elements, such as people, the subject or the location of property.

We have found out that the impact of choice of law on the judicial jurisdiction contained in the European system of inheritance returns us back to the principle of territoriality, i.e., the competent court whose law is likely to be applied later shall have jurisdiction.

In this study we followed the descriptive-analytical approach.

In this respect, we have presented the jurisprudential opinions concerning the research subject matter.

Then we have analyzed, interpreted and compared these opinions, if necessary.

Further, we have identified the limits of the impact of choice of law on judicial jurisdiction.

Then we concluded the research with a conclusion and recommendations.