الدفع بعدم الاختصاص النوعي : دراسة مقارنة

Abstract EN

Declinatory plea of the specific Jurisdiction considered when the opponent submitted to the court an application of not deciding the case because the court not competent Authority for deciding the case in accordance with the rules of Jurisdiction by the law .

It is directed to the case proceeding and that it is distinguished from other challenges that may existed some similarities between them , and required an interest be available in it , and it is preceded by claiming , and it must based on clear breach of specific Jurisdiction Rules and must be in assertive formality , and clear indication , and it submit before the End of pleasing .

The Iraqi legislator and other comparative legislations agree to determine those , who have the Right to Declinatory plea of the specific Jurisdiction , that is the opponent in the case whether an original when the Administration of a prosecution or a contingency , whether a single or a plural , a plaintiff or defendant , though this Declinatory plea at most to be rendered by defendant being addressed to the plaintiff by all means , as well as this legislations gives , the court Right to disclaim the Jurisdiction of a court on its own initiative , as well as it can be promoted the public prescutor as to civil actions , that deal with it , and in any case , this Declinatory plea may be made by at any stage of the case .

When the court found that Declinatory plea based on reasonable ground , then it may be decided to refer the case to the competent court , which is at the same level as the transmitting court and at the same point of Judiciary .

It follows the referral to determine the date of pleading for opponents before the assignee court which will stick to this date .

If the assignee court found itself not competent and decided to reject the referral , for this decision be subject to appeal by an opponent at legal way before competent court .