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Research on foreign legal sanction

Author: ZhangHan
Tutor: HeWanZhong
School: Foreign Service Institute
Course: International law
Keywords: Foreign legal Legal Personal Law Applicable Law Private international law International Civil and Commercial Matters Foundation And Commercial Relations Sales Right Law ADMISSION effectiveness Within the law of the land National law Legislation Research Transaction Security Engaged in business Private international law Foreign company Validity range Capacity for rights
CLC: D997
Type: Master's thesis
Year: 2010
Downloads: 100
Quote: 0
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Abstract


As the international economic development, international exchanges become increasingly closer. Foreign-related civil and commercial legal relations as an important subject in the international civil and commercial exchanges play an important role. Operating activities of it, foreign legal persons engaged in commercial activities, including the country, the situation has become more open branches frequently. Therefore, the study of foreign legal sanction relevant national legislation and practice, analysis of the laws and regulations for foreign legal norms sanctioned adequacy, in fact, a question worth exploring. This paper first introduces the basic sanction foreign legal situation, and then to sanction foreign legal relationship with legal personality, legal admission of foreign objects, the effect of admission, withdrawal and revocation of admission to analyze the content, in contrast, summarized the experience of other countries, based on the admission of China's foreign legal Perfection put forward their own views. This article is from the following six chapters unfold for the content discussed. The first chapter is a foreign legal sanction regime existence. This chapter mainly studied foreign legal sanction causes of the problem and the foreign corporate legal personality spatial effect, sanction foreign legal system and transaction security and foreign legal sanction within the country's economic interests and the maintenance of three parts. In order to maintain domestic security of transactions, within States may generally be based on the personal law of foreign legal entities determine whether having legal personality. Since then, through the establishment of a proposed corporation shall have its legal personality, but on foreign legal sanction does not necessarily make the body, including the State to do with the ability of business activities. Chapter legal sanction for foreign objects. In international law, to the sanctioning of a foreign corporation, the foreign corporation must determine from Ho Kwok, the body according to their personal law is valid up other issues. Personal laws based on valid foreign legal establishment, is the premise of foreign legal sanction. Therefore, this chapter first discusses the relevant legal personal law-related content, then, according to the international legal personality of the general classification Corp. Foundation discussed separately with legal sanction object. Third chapter for foreign legal person recognize Xu's effectiveness. In this chapter, first by speaking and proclaimed the establishment of two theories are discussed and analyzed, and then discuss the effectiveness of the foreign corporation admitted the problem. The extent of foreign legal validity, legal and business realization of the right effect without the sanction of the legal issues discussed and discussed doing. The fourth chapter is the withdrawal of foreign legal sanction and withdrawn. In this chapter, first expounded the significance of the withdrawal and revocation, and then take an integrated analysis, comparison of national legislation related to the withdrawal of foreign legal sanction and revocation make further analysis. Chapter V of legal sanction regime against foreign status and Legislation. In this chapter, the author first of all examines the our country pairs of foreign legal persons recognize Xu the legislative status quo. Then, a new legislative path, that in determining the foreign corporation can be considered when the personal law applicable to a variety of way to judge, in the case of legislation on the effectiveness of foreign legal sanction scope of the existing legislation does not specify the form of foreign corporation's approach to make recommendations, such as the right to make the Foundation Foundation mainly specialized provisions.

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CLC: > Political, legal > Legal > International law > Private international law
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