شرط الاختصاص القضائي في تنفيذ الأحكام الأجنبية : دراسة نقدية في القانون الإماراتي

Abstract EN

The execution of Foreign Judgments is one of the important legal problems.

The Emirati legislator put a number of preconditions that must be fulfilled before executing any foreign judgments.

Jurisdictional competence is perhaps the most important of these preconditions.

This precondition is twofold: first, the foreign court that issued the judgment must have jurisdiction; and second, Emirati courts must lack jurisdiction.

The Emirati legislator framed this condition in a very ambiguous way that led to confusion among scholars and inconsistency in court rulings.

This research is an attempt to study the aforesaid condition through following its historical origins, and analyzing scholars’ opinions and court judgments that were issued in application thereof.

At the end, this study aimed at limiting the imperfection in the legislator’s framing of this condition, proposing a new wording for it and encouraging the legislator to adopt it