4(1)Notwithstanding anything contained in any of Rules 1 to 3 above or 5 to 8 below, the following courts shall have exclusive jurisdiction—[Article 16]
(a)in proceedings which have as their object rightsin rem in, or tenancies of, immovable property, the courtsfor the place where the property is situated;[Article 16(1)] [F1however, in proceedings which have as their object tenancies of immoveable property concluded for temporary private use for a maximum period of six consecutive months, the courts for the place where thedefender is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domiciled inScotland;]
(b)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 courtsfor the place wherethe company, legal person or association has its seat;[Article 16(2)]
(c)in proceedings [F2(other than proceedings under section 16 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987)] which have as their object the validity of entries in public registers, the courtsfor the place where the register is kept;[Article 16(3)]
(d)in proceedings concerned with the enforcement of judgments, the courtsfor the place where the judgment has been or is to be enforced.[Article 16(5)]
(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 judgment 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.
Textual Amendments
F1Words in Sch. 8 rule 4(1)(a) inserted (1.4.1993) by S.I. 1993/603, art. 3(b).
F2Words inserted (S.) by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 16(8),
Modifications etc. (not altering text)
C1Sch. 8 para. 4(2) extended by Patents, Designs and Marks Act 1986 (c. 39, SIF 67A), s. 2, Sch. 2 para. 1(2)(j)
Sch. 8 para. 4(2) amended (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 1(2); S.I. 1994/2550, art. 2