The determination of the nationality of the commercial companies in comparative and international law



The fact that a commercial company can have a nationality, as it is the case with regard to real persons, has not unanimously been accepted.The question was fIrst raised in 1958 before the "Tribunal des conflits" in France, where the said tribunal considered the matter as a "question de fait" meaning that any court or tribunal could make its decision according to its own standard based upon the circumstances of each case. Since then, the defInition of the word "nationality" and the method of its determination continue to give rise to discussion in doctrine as well as in jurisprudence. The objective of this article is to consider this subject in the light of national and intemationallaw.