公司身份法的规则及实践——兼谈“假外国公司”的法律防范

确立公司身份法的主要学说有主要为欧洲大陆国家所采用的设立说和主要为英美法系国家所采用的住所说。鉴于两大学说各有其优点和缺点,目前要从国际公司法上统一公司身份法是不现实的。为防止公司立法的恶性竞争,抑制假外国公司现象,我国应在保留公司注册登记地标准的前提下,兼采住所地标准。

The Law of Identity of Company and Its Practice--Also Talking About How to Take a Keen Lookout for "Invented Foreign Company"

Theoretically, there exist two ways of recognizing the identity of a company by the locale where a company is established, which is mostly adopted in European countries: another is by the locale where a company is located, which is chiefly adopted by Anglo-American law system. Thus, it is hardly an easy at present to take only one way to recognize the identity of a company through adoption of the regulations of the international company law. Therefore, in order to prevent vicious competition and for the purpose of curbing "false foreign company", China, shall, on the premise of the principle that regulates that any company shall be recognized in the place where it is registered, adopt the norm of recognizing a company by where the company is located.