Kheda S. Legal Regulation of Participation of Foreign Legal Entities in Civil Law Relations (Comparative Law Aspects).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U002209

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

20-05-2004

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The dissertation analyses legislation of the common law and civil law countries in the sphere of participation of foreign legal entities in the civil law relations. In particular, the institute of the legal capacity of foreign legal entities is researched. The author defines the term and studies the legal mechanism for the transfer of a domicile of a legal entity to foreign countries. Special attention is given to the analysis of peculiarities and essence of the corporate and contractual legal forms of participation of foreign corporate investors in civil relations, including joint stock companies, limited liability companies, subsidiaries, agreements on joint investment activity and concession agreements. The author also analyses existing means of legal protection of rights and interests of foreign entities in national and foreign jurisdiction bodies and in specialised international institutions. Special attention is given to the alternative dispute resolution and particularly to the arbitration. Theauthor proposes practical recommendations on development of the Ukrainian law in the sphere of legal regulation of participation of foreign entities in civil law relations. Key words: foreign legal entity, legal capacity, domicile, joint stock company, limited liability company, subsidiary, agreement on joint investment activity, concession agreement, alternative dispute resolution, arbitration.

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