الاختصاص المدني لمحكمة الخدمات المالية

Abstract EN

The definition of the jurisdiction of a court may be related to the jurisdiction of this court so that it is an independent judicial system.

This jurisdiction is therefore called the functional or state jurisdiction.

It may also determine the amount of the premium from the jurisdiction of each court according to the type of case.

It is also called the exclusive jurisdiction.

According to which the types of courts and the series of degrees or as much as a layer of the one judicial body of the mandate to consider or adjudicate in particular disputes and the court subject to study special competence distinct from other courts as they specialize in banking disputes.

The legislator may determine the competent court, taking into consideration certain considerations.

In this case, the jurisdiction of this court shall be determined in accordance with the administrative divisions of each State, as in the case of the Services Court and the Economic Court, as well as the Saudi Banking Disputes Committee.

The procedural laws determine the jurisdiction of a court according to the value represented by the case in respect of the right claimed, and the value of the claim as on the day of the claim and include in this estimate what is due from the benefits and compensations, The estimation of the value of the case indicates the qualitative knowledge of the court ,because the distribution of the special jurisdiction between the first instance courts is often based on the value of the case.

If the court of first instance accepts the appeal or does not accept it, It seems that the value of the jurisdiction does not have an impact on determining the jurisdiction of the court in Iraq, because the case of the Court of First Instance is considered regardless of its value as a court of competent jurisdiction, which means that the rules of value jurisdiction of importance in the law of the Iraqi judicial organization or the Iraqi Civil Procedure Code In comparison to what is the case in the Egyptian Civil The laws also specify the extent of jurisdiction of national courts across their borders according to the fulfillment of certain conditions in the lawsuit filed in terms of the subject matter of this lawsuit or where the parties.

The law of the Central Bank of Iraq does not indicate whether this court has an international jurisdiction or not, as well as The Commercial Procedure Law and the Saudi Judicial System.

Moreover, the Civil Procedure Law did not address the international jurisdiction of the Iraqi courts in general, while the Egyptian economic courts enjoy international jurisdiction.

The Saudi Banking Disputes Committee does not acquire the description of the judicial authorities in some countries.

Therefore, its rulings cannot be implemented outside the borders of the Kingdom.