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Part VI The Law of Property, 33 Corporations

Paul Torremans

From: Cheshire, North & Fawcett: Private International Law (15th Edition)

Uglješa Grušić, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillón, Zheng Sophia Tang, Katarina Trimmings, Lara Walker
Edited By: Paul Torremans, James J. Fawcett

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2024

Choice of law clauses — Applicable law — National choice of law — Law of the country of domicile

This chapter examines the legal system governing corporations in relation to private international law. It begins with a discussion of the domicile of a corporation, which is sometimes used as a connecting factor for corporations in private international law, even if the concept of domicile applies primarily to natural persons. An example of a statute that uses the concept of domicile for corporations is the Income and Corporation Taxes Act 1988. Whereas every natural person gets a domicile of origin upon birth, a corporation's domicile is linked to its incorporation. A corporation is therefore domiciled in the country under whose law it was incorporated. The chapter also considers jurisdictional issues relating to a corporation's residence, status and capacity, internal management, and winding up.

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