Law 5110 Study Guide - Quiz Guide: Legal Personality, Lex Specialis, Erga Omnes
Document Summary
Brussel i: jurisdiction in civil and commercial matters. Pre-requisites: material scope art 1(1): subject matter, formal scope art 4-6 +62/63 or art 21; art 24; art 25+26: within the scope of jurisdiction geographically, temporal scope art 66+ 81: dealing with procedure after enforcement. Checklist: exclusive jurisdictional rule, weak party disputes, choice of court agreement, art 7 or 8, art 4, main rule of art 4-5: The main jurisdictional rule, stipulated in art 4 and 5, is that persons domiciled in a ms must, regardless of their nationality, be sued in the court of that ms (forum domicilii). Domicile is defined under art 62 and 63 (pg 41). If the defendant is not domiciled in a ms, according to art 6, the jurisdiction of each of them may be determined by the forum"s own national jurisdictional rules: the exception to the main rule art 7-8:
