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Journal of Foreign Legislation and Comparative Law
Reference:

Aukhatov A. The Control Criterion in Russian und German Law.

Abstract: The following article deals with the problems concerning the application of the criterion used to establish the nationality of the persons in control of legal entities in Russia and Germany. It is an analysis of national legislation and international contracts of the Russian Federation and Germany. The author concludes that the „control criterion» offers a valueable mechanism for ascertaining which nationality the legal entity should be ascribed to in reality. This criterion can however not be used to establish which law the entity falls under. The application of the «control criterion» is restricted by important national interests and goals (e.c. protection of public interest, protection of national production and employment, non–involvement of foreign entities in sectors of national strategic relevance). An important feature of the «control criterion» is that its application varies according to the circumstances of each individual case.


Keywords:

International private law, comparative law, German law, the „control criterion«, rules resolving the conflict of laws, ascertaining the actual national identity of the a legal entity, international contracts of the Russian Federation and Germany, aid and protection of investments and capital in Russia and Germany, protection of national public interests


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