ОДНОСИ СТАЊА И СПОСОБНОСТИ ФИЗИЧКИХ И ПРАВНИХ ЛИЦА У МЕЂУНАРОДНОМ ПРИВАТНОМ ПРАВУ ФРАНЦУСКЕ И ЕНГЛЕСКЕ
STATUS AND CAPACITY OF NATURAL AND LEGAL PERSONS IN FRENCH AND ENGLISH PRIVATE INTERNATIONAL LAW

Summary/Abstract: The topic of this article is the question of applicable law pertaining to the status of natural and legal persons in the Private International Law in France and England. The analysis of legal provisions and judicial practice in France and England on the subject matter of personal status and capaciaty of natural and legal persons discloses some similarities as well as significant differences. The distinctions are apparent not only in defining the term »personal statute« and understanding the scope of its applicability but also regarding the departure from the proclaimed solutions and the principle of employing the applicable law, whether it has been initiated by the need to protect the national public order or an issue of protecting other lex fori imperatives which are materialized in the so-called acts of mandatory application. On the other hand, both of the countries have recorded the use of the institute of renvoi on the matter of personal, status and hereditory relations (particularly related to the business capacity of instituting them), but acknowleded a different form of renvoi. Some apparent differences regard the disposition of the courts of either country to recognize some types of status decisions adjudicated abroad. Generally speaking, French courts show a greater dregree of »tolerance« in comparison to the English courts whose opinions are sometimes based on a discretionary decision of the domestic court; this additionally jeopardizes the legal security and the prospects of the person seeking recongition of such a decision (for example, a foreign decision on appointing a guardian).

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