La nationalité des sociétés en droit français

Abstract : The development of international economic relations and the construction of an integrated European area, both from an economic and a political point of view, has revived the debate on the nationality of trading companies. The question is not so much whether trading companies have a nationality on an equal footing with natural persons – solutions have long been accepted by international doctrine and jurisprudence – but rather to determine how this notion has evolved and adapted to the constraints on the one hand, of a globalized market economy and, on the other hand, of European Union law which overturns the traditionally accepted solutions of nationality of trading companies into the legal systems of Member States. Thus, the criteria for the legal connection of a company to a State determined by the rules of private international law of each Member State are inevitably directed towards the Anglo-Saxon criterion of incorporation. The emergence of new European Union legal entities such as the European Company or the future European Private Company also raises the issue of nationality and the law applicable to this type of European legal entities. The same applies to groups of companies whose regulation of their activities could be revived under European Union law.
Document type :
Theses
Complete list of metadatas

Cited literature [138 references]  Display  Hide  Download

https://tel.archives-ouvertes.fr/tel-00960318
Contributor : Abes Star <>
Submitted on : Tuesday, March 18, 2014 - 1:04:22 AM
Last modification on : Friday, December 7, 2018 - 4:44:02 PM
Long-term archiving on : Wednesday, June 18, 2014 - 10:45:50 AM

File

these_A_BOUDERHEM_Rabai_2012.p...
Version validated by the jury (STAR)

Identifiers

  • HAL Id : tel-00960318, version 1

Collections

Citation

Rabaï Bouderhem. La nationalité des sociétés en droit français. Droit. Université de Bourgogne, 2012. Français. ⟨NNT : 2012DIJOD003⟩. ⟨tel-00960318⟩

Share

Metrics

Record views

1556

Files downloads

17199