Keywords
Summary

Keywords

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Convention on jurisdiction and the enforcement of judgments - Exclusive jurisdiction - "Proceedings which have as their object rights in rem in immovable property" - Concept - Independent interpretation - "Action paulienne" - Not included

( Brussels Convention of 27 September 1968, Art . 16(1 ) )

Summary

The concept of "proceedings which have as their object rights in rem in immovable property" mentioned in Article 16(1 ) of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters must be given an independent interpretation . It encompasses only those actions concerning rights in rem in immovable property which both come within the scope of the Brussels Convention and are actions which seek to determine the extent, content, ownership or possession of immovable property or the existence of other rights in rem therein and to provide the holders of those rights with the protection of the powers which attach to their interest .

It does not apply to an action whereby a creditor seeks to have a disposition of a right in rem in immovable property rendered ineffective as against him on the ground that it was made in fraud of his rights by his debtor .