Subject: Applicable law in the D-L-Condominium
Date: Feb 22, 2005 @ 14:39
Author: Wolfgang Schaub ("Wolfgang Schaub" <Wolfgang.Schaub@...>)
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We had a thread recently about juridicial questions re: the
Luxembourg-German condominiums on the Moselle, Our and Sauer rivers. I found
the time now to study the D-L treaty of 19 December 1984 in detail.

Article 5, para 1, says that Luxembourg and Germany will settle issues
regarding the applicable law in a separate arrangement. This happens in the
annexed exchange of notes under the same date. According to item 1 of that
note, second paragraph, the applicable law is governed according to where
the relevant plot of land on which the crime is committed is registered
under civil law. In other words: If I kill Mike on a piece of land - within
the condominium - which is registered in Luxembourg the Grand Duke will come
and put me on handcuffs; unclear to me remains what will happen if I kill
Mike on a boat trip right in the middle of the river.

All names mentioned here are purely fictitious, of course.

Wolfgang