Part VI The Law of Property, Ch.28 Immovables
J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, SolicitorEdited By: Sir Peter North CBE, QC, MA, DCL, FBA
James J Fawcett, Janeen M CarruthersEdited By: Sir Peter North (Consultant Editor)
- 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...