Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: business office; choice of law; company’s nationality; internal affair rule; law avoidance; registered office; simulation.
Summary/Abstract: A company’s nationality and applicable law are governed in the private international law based on one of two principles: registered office and administrative (real) office. The first principle is easier to apply and it does not need any inquiry because there is just one seat. The second (that Romania embraced) is more difficult to apply because a company can have more than one seat out of which the court has to determine the business (real) one using certain criteria.
- Issue Year: 2014
- Issue No: 05
- Page Range: 42-48
- Page Count: 7
- Language: Romanian