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TimothyCadman
Joined: 13/12/2007
Posts: 1040
Message Posted:
04/05/2010 23:53 | | Join or Login to Reply | Message 1 of 4 in Discussion |
| Flicking through the terms and conditions of a letting website I found it intriguing to see the following.
"Governing Law and Jurisdiction
The validity, construction and performance of this Agreement shall be governed by English Law. The Applicants and the Tenants submit to the exclusive jurisdiction of the English courts."
How can this happen?
The TRNC is not a recognised country and so the laws of the UK are useless. Even if the law in one country, in this case the UK, can it truly have any powers to say what can happen in another.
As far I see this clause is unenforceable, thus making the contract totally useless in the UK....unless somone knows better..... |
Tangerineman
Joined: 08/03/2010
Posts: 318
Message Posted:
05/05/2010 00:22 | | Join or Login to Reply | Message 2 of 4 in Discussion |
| You can agree which countrys laws apply in the event of a dispute Happens all the time
Acrtually even if nothing agreed a transaction in TRNC could still be subject to English law Its too complicated to explain in detail however if two UK nationals contract in TRNC without thought to jurisdiction the court may imply that they would have chosen to submit to the English courts had they applied their minds to the point |
elko2
 
Joined: 24/07/2007
Posts: 4400
Message Posted:
05/05/2010 00:33 | | Join or Login to Reply | Message 3 of 4 in Discussion |
| If any matter comes under the jurisdiction of TRNC courts, it can be tried in TRNC notwithstanding any clause to the contrary i.e. if the defendant is resident in TRNC or any part of the agreement is made in TRNC or if the immovable property in question is in TRNC, it can be tried in TRNC even if the agreement says that any dispute must be tried in UK courts.
ismet |
Tangerineman
Joined: 08/03/2010
Posts: 318
Message Posted:
05/05/2010 00:44 | | Join or Login to Reply | Message 4 of 4 in Discussion |
| Correct however if the Defendant has assets in the UK you may want to sue in the English courts So to answer the question no it isnt necessarily unenforceable
Look at your defendant and decide which is best for you |
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