Criterions to define the nationality and personal law of a legal entity
Автор: Eremina Y.I.
Журнал: Juvenis scientia @jscientia
Статья в выпуске: 1, 2015 года.
The article is about the problem of the legal entities classification to domestic and foreign companies. The author gives different points of view on the relationships between notions “personal law” and “nationality” of a legal entity. These terms are very close to each other. Besides currently there is a tendency to separate out the personal status from its nationality. Each State tries to give its own criterions to define the nationality and personal law of a legal entity. That is why we analyzed the most famous doctrines, for example, the theory of incorporation, doctrine of settlement, the theory of the exploitation center and control theory. Next we try to characterize Russian legislator’s position. In connection with the problem we analyze the civil code and special legislation of the Russian Federation. Depending on the purpose of identifying the nationality of a legal entity may be used different criterions and principles. Moreover, in different branches of law in one state could be chosen different criterions which are lead to opposite results. Russian law uses as a fundamental the criterion of incorporation. But the criterion of settlement also can be used. On the whole the author concludes that the ideal criterion does not exist. It is necessary to improve modern law in this area.
Nationality, personal law, theory of incorporation, doctrine of settlement, control theory, theory of the exploitation center
Короткий адрес: https://sciup.org/14110191