Jurisdictional law

Court Law Law(Hide clipping,: lex fori ) Refers to a certain law that belongs to or belongs to, although this is pending. In a criminal procedure, it is usual to apply a law court law to apply in both procedural and substantive ways (however, in countries with more than one, the applied criminal entity law is a legal area Because it is not necessarily the law), it is often problematic to apply foreign law through.

Procedures are based on the court law

In the application of the law which becomes a problem in civil proceedings, although it is distinguished from the matter (entity law) of the entity to be resolved in the lawsuit and the problem of the procedure (the procedural law), in the former case, through the processing by the private private law, There is a possibility of application of private law of the former, whereas for the latter, The procedure established by the court law lawis established.

According to such expressions, we receive the impression that there is a rule on the private private law that the procedure law is the court law. However, laws and regulations concerning procedures such as in the first place belong to the laws of foreign countries and can not be left to the laws of foreign countries, you can explain that they are originally out of the international private law framework.

However, which of the various laws belongs to the substantive law and what belongs to the procedural law, there is a difference depending on the legal system of each country. For example, regarding Japanese law, it is thought that it is a system under the substantive law, but in Appendix 1, limitation of appeal having similar functions is regarded as a system based on the procedural law (However, in federal courts in the United States It is dealt with as an entity method.

Entity and court law

There is room for applying the private law (civil entity law) of foreign countries through the private private law in the substantive aspect which is distinguished from the procedural aspect. However, the rule on the applicable law designation adopted in private private law is based on the problematic legal relationship (Sitz) And to apply the law of the land where it is based. Therefore, even if the result of applying the law of the courtroom as the applicable law, it happened that it just resulted in the application of the court law, and according to the rule that the law court law should be applied as a governing law, It does not apply the law.

Nevertheless, it is sometimes impossible to apply foreign law which is regarded as a governing law from the legal order of the court. In such a case, the application of the foreign law may be excluded as contrary to the courtroom land, and such processing is considered to be the public order under the court law, and in Japan the same treatment is accepted There is (Article 42 (Old Article 33)). As a result, when the application of foreign law is excluded, legislative examples / views that the court territorial law is applied are common. In addition, in preparation for the fact that the application of foreign law may be contrary to the public order of the courtroom, there are cases where rules are applied to cumulative application of the law of the jurisdiction (Article 14, 17, Article 22 (Old law example 11))).

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Post Date : 2018-02-02 07:30

This article is taken from the Japanese Wikipedia Jurisdictional law

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