The Jurisdiction of Private International Law Regarding the Claims of Immovable Property

Author:Dinu, C.G.
Position:Faculty of Law, Transilvania University of Brasov
Pages:61-68
SUMMARY

The analytical presentation of international legal rules and issues raised in relation to the casuistry presented, proved to be the essence of a study that addresses the jurisdiction of private international law in matters relating to premises’ applications. The legal interpretation developed both in the reports o the Brussels and Lugano Conventions and the Court of Justice of the European Union (... (see full summary)

 
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Bulletin of the Transilvania University of Braşov
Series VII: Social Sciences • Law • Vol. 7 (56) No. 1 - 2014
THE JURISDICTION OF PRIVATE
INTERNATIONAL LAW REGARDING
THE CLAIMS OF IMMOVABLE
PROPERTY
C<t<lina Georgeta DINU1
Abstract: The analytical presentation of international legal rules and issues
raised in relation to the casuistry presented, proved to be the essence of a
study that addresses the jurisdiction of private international law in matters
relating to premises’ applications. The legal interpretation developed both in
the reports o the Brussels and Lugano Conventions and the Court of Justice
of the European Union (hereinafter, ECJ), through a long and co nstant
jurisprudence, has generated enforcement incidents in this matter and
established the scope of the intrinsic nature of concepts such as: property,
real right (in rem), property action on real estate.
Key words: property, jurisdiction, immovable assets, Convention.
1 Faculty of Law, Transilvania University of Braşov.
1. Introduction
The issue of the jurisdiction of private
international law relating to the category of
real estate has led to evolutionary changes
in the European law [1] from the early
rules of the Treaty of Rome establishing
the European Economic Community
(hereinafter EEC Treaty) on 25 March
1957, continuing with the Convention on
jurisdiction and enforcement of judgments
in civil and commercial matters in Brussels
(hereinafter Brussels Convention), the
Convention on jurisdiction and
enforcement of judgments in civil and
commercial matters in Lugano [2] and deal
with EC Regulation no.44/2001 of 22
December 2000 on jurisdiction and the
recognition and enforcement of judgments
in civil and commercial matters [10].
The Brussels Convention was signed on
27 September 1968 by the Memb er States
of CEE, entered into force on the 1st of
February 1973 and it was published in the
Official Journal of the European
Communities (JO) 1998, volume 27, series
C, p.1. Nowadays, being mostly replaced
by the Regulation CE no.44/2001, it is
applied only in Denmark and other 14
Member States of the European Union.
Also, other regulations with international
character, to which we will return in the
analysis essay, contain significant details
including the jurisdiction of the buildings [8].
The analytical presentation of these legal
rules and issues raised in relation to the
casuistry presented, prove to be the
essence of a study that addresses the
jurisdiction of private international law in
matters relating to premises’ applications.
The legal interpretation developed both in

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