МЕРОДАВНО ПРАВО ЗА CTATУCHE ОДНОСЕ МЕЂУНАРОДНИХ ПРАВНИХ ЛИЦА
APPLICABLE LAW IN STATUS RELATIONS OF INTERNATIONAL LEGAL PERSONS

Summary/Abstract: The emergence of international legal persons (namely, international public organisations and international enterprises, i.e. companies), as subjects of civil law relations containing a foreign element, is causing, just as in the case of national legal persons, a series of problems of collision of norms in relation to the regulation of their status relations. The legal status of legal persons belonging to one state is always regulated in accordance to the provisions of the national legislation. On the contrary, the international legal persons, due to their relationship with international legal order (and, as is know, because there exist no specific conflict of law norms concerning the status of international legal persons), require the alteration of the classical conflict of law norms concerning the status of legal persons regarding their nature, legal structure and needs. The basic requirement is aimed at inclusion of the rules of international! constitutive agreements, namely statutes. However, this does not mean that the application of provisions of these agreements is a definite one; rather often there emerge blind spots in course of their implementation to the regulating of status of the international legal persons. These empty spaces are fulfilled in the way provided for by international agreements. This may be done by means of negotiations among the governments signatories, then by invoking the general principles of national legislations of the member states, as well as by determining of subsidiary application of the law of one of the member states (mostly the state of the seat of business). Regardless of the way of relating the status of international legal persons to the national legal order, the international constitutive acts have always a priority of application. The law of individual state is not to be applied in such a case since this is the provision set forth by national law-maker, but because the countries signatories of the agreement have agreed on accepting in the ad hoc manner of the legislative provisions of individual legal order. This is the ground for the fact that the application of such provisions may never be contrary to the rules of international agreement on the establishing.

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