Keywords
Summary

Keywords

CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - EXCLUSIVE JURISDICTION - DISPUTES CONCERNING TENANCIES OF IMMOVABLE PROPERTY - CONCEPT - SHORT LETTING OF A HOLIDAY HOME - INCLUDED - OBLIGATIONS OF THE PARTIES UNDER THE TENANCY AGREEMENT - OBLIGATIONS IN RESPECT OF WHICH COURTS HAVE EXCLUSIVE JURISDICTION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 16 ( 1 ))

Summary

1 . ARTICLE 16 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 APPLIES TO ALL LETTINGS OF IMMOVABLE PROPERTY , EVEN FOR A SHORT TERM , AND EVEN WHERE THEY RELATE ONLY TO THE USE AND OCCUPATION OF A HOLIDAY HOME .

2 . ALL DISPUTES CONCERNING THE OBLIGATIONS OF THE LANDLORD OR OF THE TENANT UNDER A TENANCY , IN PARTICULAR THOSE CONCERNING THE EXISTENCE OF TENANCIES OR THE INTERPRETATION OF THE TERMS THEREOF , THEIR DURATION , THE GIVING UP OF POSSESSION TO THE LANDLORD , THE REPAIRING OF DAMAGE CAUSED BY THE TENANT OR THE RECOVERY OF RENT AND OF INCIDENTAL CHARGES PAYABLE BY THE TENANT , SUCH AS CHARGES FOR THE CONSUMPTION OF WATER , GAS AND ELECTRICITY , FALL WITHIN THE EXCLUSIVE JURISDICTION CONFERRED BY ARTICLE 16 ( 1 ) OF THE CONVENTION ON THE COURTS OF THE STATE IN WHICH THE PROPERTY IS SITUATED . ON THE OTHER HAND , DISPUTES WHICH ARE ONLY INDIRECTLY RELATED TO THE USE OF THE PROPERTY LET , SUCH AS THOSE CONCERNING THE LOSS OF HOLIDAY ENJOYMENT AND TRAVEL EXPENSES , DO NOT FALL WITHIN THAT EXCLUSIVE JURISDICTION .