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Scandinavian Views on the Notion of Recognition of Foreign Companies

Published online by Cambridge University Press:  21 May 2009

O. A. Borum
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Extract

In the masterly account and evaluation which the President of the Conference, Professor Offerhaus, has given of the negotiations at the Seventh Session of the Hague Conference on Private International Law, 1951, he discussed in great detail the project of the Convention which deals with the recognition of the legal personality of foreign companies, associations, and foundations (Journal Clunet du Droit International 1952, p. 1088–1110). The subject has a long history. Both the Institut de Droit International (1891 and 1929) and the League of Nations Committee of Experts had worked on it. At the previous Hague Conference in 1928 Basdevant, on behalf of the French delegation, put forward a proposal that at the next Session a study should be made of the international regime of companies, a proposal which was accepted; Actes 1928, p. 402, cf. Document 1951, p. 3.

Type
Research Article
Information
Netherlands International Law Review , Volume 9 , Issue 4: Special Issue: De Conflictu Legum, Essays Presented to RD Kollewijn and J Offerhaus , October 1962 , pp. 82 - 88
Copyright
Copyright © T.M.C. Asser Press 1962

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References

1. Cf. Farnsworth, , Residence and Domicile of Corporations 1939, p. 64 ffGoogle Scholar; Wright, Lord in Lazard Bros v. Midland Bank, Ltd. (1933) A.C., p. 297Google Scholar: English Courts have long since recognised as juristic persons corporations established by foreign law in virtue of the fact of their creation and continuance under and by that law.

See also Nial, Hakon, Internationell Förmögenhetsrätt, 2. ed., Stockholm 1953, p. 77Google Scholar; Borum, O. A., Lovkonflikter, 4. ed., Copenhagen 1957, p. 174 and p. 180.Google Scholar

The incorporation doctrine also prevails in Switzerland and according to some authors in Germany, see Niederer, Werner in Gutzwiller-Niederer, , Beitrage zum Haager International-privatrecht 1951 p. 117–21Google Scholar and IZA Report 1952, p. 92. As regards the Nederlands, I refer to the remarks set forth in connection with the Acts of July 25th, 1959: “… it may be recalled that at the Seventh Session of the Hague Conference on private international law the Netherlands delegate expressed the view that the Netherlands law does, in the present matter, take the real center of management into consideration. The Government and the delegate in question do not, however, hold this view any longer.” (Here quoted from Dr. Philips' above-mentioned dissertation, p. 112).