Legal doctrines of the first-instance civil jurisdiction of courts by territory and experiences for improving Vietnamese law

Abstract

The first-instance civil jurisdiction of courts by territory is an extremely important issue to determine exactly which court has the jurisdiction to resolve a certain civil case. In particular, the development of regulations on this type of jurisdiction needs to be based on specific criteria and especially legal doctrines to figure out appropriate criteria for the first-instance civil jurisdiction of courts by territory. This article will analyze some typical legal doctrines such as the “Procedural Justice” doctrine, the “Actor Sequitur Forum Rei” doctrine, the property-based doctrine, the “Forum non Conveniens” doctrine, the “Will Freedom” doctrine; thereby, provide experiences to complete Vietnam law on the first-instance civil jurisdiction of courts by territory.