Author(s)

Jing Zhou ¹

Affiliation(s)

¹ Università degli Studi di ROMA "La Sapienza", Rome, Italy

Corresponding Author

Jing Zhou

ABSTRACT

In judicial practice, conflicts often arise over jurisdictional issues in foreign-related civil proceedings. The forum of necessity doctrine arises where the courts of two or more countries decline jurisdiction over the same foreign-related civil action, whereby the courts of one country may extend the jurisdiction of its own courts to receive and hear the relevant action based on some connection with that country. This doctrine is intended to protect the legitimate litigation rights of the parties. This article focuses on the legal framework of the forum of necessity doctrine, comparing the legislative statuses in China, Japan, Korea and Europe, and making suggestions for improvement.

KEYWORDS

Forum of necessity doctrine, foreign-related civil litigation, jurisdiction

CITE THIS PAPER

Jing Zhou, The Forum of Necessity Doctrine in Comparative Private International Law. Journal of Sociology and Ethnology (2023) Vol. 5: 79-85. DOI: http://dx.doi.org/10.23977/jsoce.2023.050213.

REFERENCES

[1] LI Liangcai, The Private International Law Issues Concerning Same-sex Marriage in Netherlands, Lanzhou Xuekan, 2010.
[2] Sun Jinghan, The development of foreign litigation jurisdiction system in Korea, Chinese Annual Review of Private International Law and Comparative Law, Vol. 26, 2013.
[3] Gan Yong, The New Development of Japanese Legislation on Foreign-Related Civil Jurisdiction and Its Implications-With Comments on relevant Provisions of Civil Procedure Law 2012 of PRC, Presentday Law Science, Vol. 14, No.4.
[4] Chen Weizuo, The Most Recent Developments in Private International Law of the European Union: Commentary and Analysis of the Rome IV Regulation on Succession, Research on International Law, 2015.
[5] Liu Xiaowei, On Resolving Jurisdiction Conflicts of Civil Procedure Concerning Foreign Affairs, Journal of Guangxi University for Nationalities, Vol.29, No.2. 2007.
[6] Shi Guangxian, Several issues concerning Chinese law have arisen in the Korean courts, Korean and Chinese law exchanges. Seoul, Seoul University Press, 2010. 

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