RELIGACIÓN
Yazarlar: Yulia Blinova, Tatyana Filippova, Ekaterina Kovalenko, Tatyana Platunova
Konular:-
Anahtar Kelimeler:Nationality,Legal person,Personal law,Theory of control.
Özet: The purpose of this article is to analyze the theory of control as a specific method of determining the nationality of a legal entity in international private law. The search for the definition and content of the control theory is usually accompanied by the statement that, unlike all other theories, the application of this theory takes into account not the legal entity itself as a whole, but the nationality of natural persons behind it (founders, participants). On the basis of the present study, it can be concluded that the theory of control is an exceptional and the only method guaranteeing the determination of the real nationality of the legal person with a view to conferring on it certain rights (benefits, privileges). This also coincides with the protection of state sovereignty and national security as confirmed by numerous examples from practice.