Legal issues related to the subject of international trade













Subject of international transactions (parties) may, depending on their nature, be classified into the following groups.


�@Private individual :Natural person, corporation, right defunct Association or Foundation


�ANational, or a portion thereof: National, government agencies, state-owned enterprises, state-owned enterprises


�BInternational corporation



Here, as a matter of law on the subject of international trade
�@ my people: the natural person and corporate difference.
�B describes international corporation in the international corporation SCG GROUP, Inc. business.















Natural person
Per natural person who appears as the principal to international trade transactions, the matter in question in legal,
It has the right capabilities and capacity to act.














Natural persons of the right capacity
For natural persons, generally exist expense of judgment of ability that can be the subject of rights and obligations (right capacity) is,
Which country law should be the basis of the of, it looks like the governing law is seemingly problem.



However, that the natural person has a power of course, today's civilized country is recognized widely,
Even if there is a law to allow the system so as to deny the natural person of the right capacity, in the civilized nations of the court,
Because it does not apply because contrary to public policy (law Article 33), today, about the presence or absence of natural persons of the right capacity
Need to applicable law the problem is that there is no, it is of a nature to be determined by the applicable law of the right itself.
(Excerpt from the international trading Buddhist theory)














Corporation of the right capacity
For the corporation is a fiction of the legal, and requirements for the corporation to get the right capacity, for such as the scope of the right capacity,

It is a variety in the world.

For this reason, of any country laws, need of the governing law decision of whether to determine these issues for the corporation,
There is a case in which also occurs in international trade.



(1) Japan
The governing law of the Japanese corporation of right capacity (dependent method of corporation),
the provisions of expressly in private international law, to further lacks the customary law,
I have no choice but to depend on Jori.
However, for this Jori is, in theory, not only conflict of establishment governing law principle and the domicile law principle can be seen,
Trial examples are also the same.
Therefore, in the present situation, it can be said that the establishment governing law principle is number theory.

(2) New York
It dependent method of corporation is established governing law is a self-evident, for-profit corporation to acquire the effective right capacity,
Location of its activities, organization of the teeth, regardless of the employees or the shareholders of the address,
must meet the requirements of the establishment land serving the state of law,
Grant of a right ability, according to one State (grant of legal personality) is also approved by other states.
It is pointed out and the trend can be seen to be trying to apply the law of the Jishu.

(3) London
Leading precedent in which Dutch West India Co. v.Henriques Van Moses (1724) since 1 Strange 612,
Founded governing law principle has been adopted.



As described above, the right capacity of natural persons, but has been that there is no need to be in the applicable law problem,
For the corporation, their status acts ability is there is no room to be a problem in advance international trade.
It is a problem, is a proprietary capacity to act, in the case of a corporation, unlike natural persons, can not be corporation itself carry out the law act,

It can not be performed legal act only through action of natural persons representing the corporation with special circumstances.

Therefore, there is also a corporation of representation right of the problem, is also the attribution of the problem to the
corporation of the effects of acts of corporate representatives. (Excerpt from the international trading Buddhist theory)



Per this problem, the governing law decision should be the reference for any country of laws judgment need arises.
(Excerpt from the international trading Buddhist theory)

Representatives who have the right to represent as an organization body,
must respond according to the criteria of the country of the law determined in international trade. (SCGG ROUP Inc.)



































Then try to explain about the international corporation.
Here, SCG GROUP Inc. management consultant business sector, there is an important description position.

International corporation

The international corporation,The late 19th century and later, rapid progress in the organization of the international community,
due to the international exchange was active in a variety of forms,
National number and birth is a separate international organizations and began to engage in a variety of activities.
In light of these circumstances, other than the State, it is those that have appeared view regarded as
'international corporation' to engage other organizations in international activities.


Initial: The target of the internationally active political organization → international corporation

After the war: international organizations have a commercial character (international organizations) → international corporation


Therefore,
of the corporation, rather than a specific country law, established in compliance with the treaty, a corporation that has been granted the legal personality by treaty
It can be referred to an international corporation.







Concrete example
Inter-governmental international organization that was established by the General Convention
(United Nations, International Monetary Fund (IMF), the World Bank)


Inter-governmental international organization that was established by a special treaty
(European Community (EU), international joint venture by the government and the public and private entities)

Then, by international trade law
Trying to the need for a description of the applicable law decision on the object of international trade.






























































NEXT