Part IV Special Topics, 15 Immovable Property
From: Choice-of-court Agreements under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
Trevor C. Hartley
- Immovables — Choice of court and immovable property
15.01 All the instruments give special treatment to immovable property. They all define the matters covered in the same way: the special rules apply to “rights in rem in immovable property” and to “tenancies of immovable property”.1 However, the treatment accorded to these matters in the different instruments is not the same. The Brussels Regulation (2000 and 2012) and the Lugano Convention prohibit choice-of-court agreements in this area altogether; the Hague Convention, on the other hand, merely excludes the area from its subject-matter scope. The result is...