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Part VI The Law of Property, Ch.28 Immovables

J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, Solicitor
Edited By: Sir Peter North CBE, QC, MA, DCL, FBA

From: Cheshire, North & Fawcett: Private International Law (14th Edition)

James J Fawcett, Janeen M Carruthers
Edited By: Sir Peter North (Consultant Editor)

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From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 July 2024

Immovables — Jurisdiction — Contract — Capacity of parties
An English court, as we have seen earlier,1 will not take jurisdiction to determine the issue of title, or right to possession of, foreign land. This rule stems from two sources. The first is the common law rule in British South Africa Co v Companhia de Moçambique.2 The second, in the case of land within another European Community State or in an EFTA State, is derived from Article 22(1) of the Brussels I Regulation,3 Article 16(1)(a) of the Brussels Convention, and Article 22(1) of the Lugano Convention, each of which gives exclusive jurisdiction in proceedings...
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