Asas Hukum Perdata Internasional: Penentuan Status Badan Hukum

Introduction

This tutorial provides a comprehensive overview of the principles governing the legal status of legal entities in international civil law. It explores various doctrines that influence the recognition and categorization of legal entities, making it essential for legal scholars, practitioners, and anyone interested in international law.

Step 1: Understanding Legal Entities

• Legal entities are organizations with legal rights and responsibilities, such as corporations, associations, and foundations.
• Recognizing the status of a legal entity is crucial for determining its rights, obligations, and the jurisdiction applicable to it.

Step 2: Citizenship and Domicile of Shareholders

• The citizenship or domicile of shareholders significantly impacts the legal status of a legal entity.
• Consider the following:
  • Citizenship: The nationality of shareholders can influence the entity's legal recognition.
  • Domicile: The primary residence of shareholders is equally important, as it may determine the legal framework applicable to the entity.

Step 3: Centre of Administration

• The centre of administration refers to the location where the entity's key management functions are performed.
• To establish the centre of administration:
  • Identify where the main decision-making processes occur.
  • Assess the location of essential operations and management activities.

Step 4: Place of Incorporation

• The place of incorporation is where the legal entity is officially registered.
• Important steps include:
  • Reviewing the regulations and laws of the incorporation jurisdiction.
  • Understanding how this location affects the entity's legal status and obligations.

Step 5: Centre of Exploitation

• The centre of exploitation relates to the location where the entity conducts its principal business activities.
• To determine this:
  • Analyze where the entity generates most of its revenue.
  • Evaluate the geographical focus of its operations and customer base.

Conclusion

In summary, the legal status of a legal entity in international civil law is influenced by various principles, including the citizenship and domicile of shareholders, the centre of administration, the place of incorporation, and the centre of exploitation. Understanding these factors is crucial for navigating legal frameworks in international contexts. For further study, consider exploring each principle in-depth or consulting legal resources specific to the jurisdictions you are interested in.