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2006•Journal of Huaihua UniversityRequires access

The Way of Jurisdiction by Agreement in International Civil Lawsuits——Comment on Art,Convention of 30 June 2005 on Choice of Court Agreemeents

Dai Xiao-dong

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Abstract

The expressed jurisdiction agreement is an effective way of jurisdiction by agreement in international civil lawsuits,while the implied jurisdiction agreement is a kind of constructive rights based on the doctrine of the most significant relationship in court. The latter can not be applied in the international civil lawsuits,therefore,it can not construct the establishment of the jurisdiction by agreement.

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What this paper is about

The expressed jurisdiction agreement is an effective way of jurisdiction by agreement in international civil lawsuits,while the implied jurisdiction agreement is a kind of constructive rights based on the doctrine of the most significant relationship in court. The latter can not be applied in the international civil lawsuits,therefore,it can not construct the establishment of the jurisdiction by agreement.

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Available abstract

The expressed jurisdiction agreement is an effective way of jurisdiction by agreement in international civil lawsuits,while the implied jurisdiction agreement is a kind of constructive rights based on the doctrine of the most significant relationship in court. The latter can not be applied in the international civil lawsuits,therefore,it can not construct the establishment of the jurisdiction by agreement.

Key concepts: Jurisdiction, Law, Doctrine, Convention, Agreement, Political science, Constructive, Subject-matter jurisdiction

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The Way of Jurisdiction by Agreement in International Civil Lawsuits——Comment on Art,Convention of 30 June 2005 on Choice of Court Agreemeents — Research Paper | ScholarLens