نوع مقاله : مقاله پژوهشی
نویسنده
استاد حقوق خصوصی، دانشکده حقوق، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
According to the second part of Article 23 of the Civil Procedure Law, lawsuits related to the branch of the company are filed in the court of the branch. The ruling of this part in the sense that it is related to contractual claims related to the branch or non-contractual claims or both categories, and that regarding contractual claims related to the branch, it negates the jurisdiction of the place where the contract took place and the place or places of execution of the contract, or no, it is a place for discussion and contemplation. The position of this part in Article 23 and also the use of the words "obligations" and "transaction" in it, leads the mind to the contractual claims related to the branch and the word "Should" also appear in the exclusive jurisdiction of the court of the branch and negate the jurisdiction of the court of the place of contract and the place or places of execution of the contract. This is despite the fact that the context of the phrase indicates that it is auxiliary, facilitating and developmental, but the mentioned items indicate a restrictive, irrational and unacceptable meaning.
کلیدواژهها [English]
