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Part I General and Introduction, 5 Subject-Matter Scope: Specific Exclusions

From: Civil Jurisdiction and Judgements in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention (2nd Edition)

Trevor Hartley

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 07 December 2023

5.01 We now consider matters specifically excluded from the scope of the instruments. Each of the instruments contains a list of subjects—for example, status of natural persons—that are excluded from its scope.1 It should be emphasized at the outset that, under Brussels, and almost certainly under Lugano and Hague as well, these legal concepts—like the general concept of ‘civil and commercial matter’ discussed in the previous chapter—have an autonomous meaning.2 They are not interpreted according to national law. If they did not have an autonomous meaning, the...
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