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Civil Jurisdiction and Judgments Act 1982

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This is the original version (as it was originally enacted).

4(1)[[Article 16]] Notwithstanding anything contained in any of Rules 1 to 3 above or 5 to 8 below, the following courts shall have exclusive jurisdiction—

(a)[[Article 16(1)]] in proceedings which have as their object rights in rem in, or tenancies of, immoveable property, the courts for the place where the property is situated ;

(b)[[Article 16(2)]] in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courts for the place where the company, legal person or association has its seat;

(c)[[Article 16(3)]] in proceedings which have as their object the validity of entries in public registers, the courts for the place where the register is kept;

(d)[[Article 16(5)]] in proceedings concerned with the enforcement of judgements, the courts for the place where the judgement has been or is to be enforced.

(2)Nothing in paragraph (1)(c) above affects jurisdiction in any proceedings concerning the validity of entries in registers of patents, trade marks, designs, or other similar rights required to be deposited or registered.

(3)No court shall exercise jurisdiction in a case where immoveable property, the seat of a body mentioned in paragraph (1)(b) above, a public register or the place where a judgement has been or is to be enforced is situated outside Scotland and where paragraph (1) above would apply if the property, seat, register or, as the case may be, place of enforcement were situated in Scotland.

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