LAW5704 Private International Law — Unit 2: Jurisdiction

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Unit 2: Jurisdiction

2.1 Concept of Jurisdiction and Privileges and Immunities

The jurisdiction (the first-question): the court’s-power-to-hear (the cross-border’s-competency (the forum’s-legitimacy)); the bases’ menu (the territorial (the presence-the-domicile-the-assets); the personal (the nationality (the subject’s-bond)); the subject-matter’s (the exclusions (the immovable’s-situs (the U7’s-thing)))); The privileges-and-immunities (the jurisdiction’s-bars): the diplomatic-immunity (the Vienna-1961 (the envoy’s-inviolability (the civil-suits’-narrow-gates (the mission’s-and-the-bag’s)))); the consular’s (the Vienna-1963); the head-of-state’s-and-the-IOs’ (the conventions’ (the UN’s-and-the-specialised (the HQ-agreements’)); the waiver’s-face (the immunity’s-yieldable (the sending-state’s-only)) — the LAW5509-and-LAW5405-companions’ depth.

2.2 Kinds of Jurisdiction: Actions in Personam and Actions in Rem

The classic-division: the in-personam (the person’s-judgment (the obligation’s (the rights-vs-the-defendant)); the in-rem (the thing’s-judgment (the title’s (the world’s-binding (the property’s-status)))).

2.2.1 Grounds on which Courts Assume Jurisdiction in Personam

The defendant’s-presence (the physical (the service-within (the transient’s-tagging-lore)));
The domicile/residence (the lasting-bond (the U4’s-factors));
The submission (the consent’s (the appearance’s-and-the-agreement’s (the choice-of-court’s (the U6’s-contract-clauses))));
The doing-of-business (the commercial-presence (the branch-and-the-agent));
The cause’s-local-elements (the contract’s-place (the tort’s-place (the minimum-contact’s-US-face (the names-only))));
The assets’-basis (the attachment’s (the presence-through-property (the quasi-in-rem’s-debate))).

2.2.2 Grounds on which Courts Assume Jurisdiction in Rem

The situs’s-rule (the immovable’s-place (the exclusive (the U7’s-lex-rei-sitae))); the movable’s-situs (the present-location (the variable (the U7’s-flexibility))); the status’-faces (the marriage-the-divorce-the-probate (the quasi-in-rem’s-family (the status-decree’s-world-effects))).

2.3 Lis Pendens, Forum Non Conveniens and Other Limitations on the Court’s Jurisdiction

The lis-pendens

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