• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Article

Прецедентное право Европейского союза и его влияние на регулирование вопросов признания правосубъектности юридических лиц

Nowadays, the European Union has faced significant difficulties associated with the creation of a uniform mechanism for determining the personal law (Statute) of legal entities, i.e. single collision bindings to the personal statutes of companies. Attempts to achieve convergence and harmonization of national legislations in this matter have not yet been crowned with success. The purpose of this study is to analyze the provisions applied in the countries of the European Union, the criteria for determining the personal law of legal persons, as well as judicial practice aimed at the gradual approximation, harmonization and leveling of contradictions in various legal systems. In the article, using a comparative method of research, a detailed analysis of the norms of international treaties and the case law of the Court of the European Union regulating the recognition of legal personality of legal persons was carried out. The following conclusions are drawn as a result of the development of the case law of the European Union: the movement of both the statutory and actual location of the company is allowed under the law of the European Union;the establishment of a company in a state with a more liberal corporate regime is not an abuse of the institution's freedom, even if it serves to circumvent the norms of another member state in which all the company's activities will be carried out; is also not an abuse of the performance of activities not at the place of registration but at the location of the branch of the company; the receiving state is obliged to recognize that a foreign company conducts its activities on its territory, to recognize its legal personality, the settlement theory in this case does not work; the host State can not prohibit a transnational merger and its registration in its registry, if such registration is allowed when merging national companies; the company may move its statutory or actual location to another state without loss of legal personality under the law of the state of creation; the question of the possibility of maintaining the legal capacity and the law applicable to the company (state of creation) when moving to a foreign state is decided by the state of creation itself, which in this case has the right to prohibit or restrict such movement; if the company intends to change the applicable law and take the legal form of the company provided in the receiving state, the state of establishment can not prohibit the migration of the company and oblige it to be liquidated, provided that such a migration is allowed by the receiving state.