Type of refusal

Refusal to recognise in foreign property

In foreign real estate, refusal to recognise usually means a judgment, arbitral award, or transfer instruction issued abroad is not accepted by the land registry or court where the property sits. The refusal can target the title entry, a mortgage record, or a pre-emption right recorded against the parcel, leaving the asset class itself, foreign real estate, exposed to a purely local decision.

The contractual mechanism used

The refusal is rarely stated outright. It is usually built into the sale agreement or deed as a condition precedent, such as a notarial act never executed, a regulatory consent never obtained, or a registration step the other side controls. The counterparty then argues the transfer obligation never crystallised, so there is nothing yet to recognise. The same structure recurs across other refusal-to-recognise disputes and in shareholder and stake disputes, where the same clause delays a transfer already agreed on paper.

The document that decides the framing

Two documents compete for control of the claim. A sale agreement or deed creates a personal obligation to transfer; if unperformed, the claim is contractual and follows the law the contract chose, closer to the ground covered under refund and delivery claims. A land registry entry or title already in the claimant's name creates a proprietary right; refusing to give effect to it is a dispute over a real right, governed by the law of the place where the property sits. Patterns behind this distinction are tracked in O7 case material.

The cross-border question

Real estate cannot be moved to a more convenient forum. Execution of any decision has to happen where the property is registered, under rules this page does not set out; the competent authority is determined by the applicable procedural law, and the availability of an interim measure is established from the facts of the file, not stated here in advance. A comparable pattern, a private stake pursued for repayment after dilution, is set out in this case note. Country-specific material for this asset class exists en español and em português. No fee on this track depends on the outcome, and the firm's registration is verifiable in the public register linked in the footer.