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 ° Proceedings relating to the existence of a trust attaching to immovable property ° Excluded

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

Summary

In order for Article 16(1) of the Convention on Jurisdiction and the Enforcement of Judgments in Civil Matters to apply, it is not sufficient that a right in rem in immovable property be involved in the action or that the action have a link with immovable property: the action must be based on a right in rem and not on a right in personam, save in the case of the exception concerning tenancies of immovable property.

It follows that an action for a declaration that a person holds immovable property as trustee and for an order requiring that person to execute such documents as should be required to vest the legal ownership in the plaintiff does not constitute an action in rem within the meaning of Article 16(1) of the Convention.