Lex societatis vs. lex fori concursus v rakúskom medzinárodnom práve súkromnom

Abstract

From the point of view of the international law of companies, Austria is a traditional continental type of legal culture in which the principle of residence is applied as the decisive criterion for determining the applicable company law. For the law of companies, the provisions of § 10 of the Austrian Private International Law Act are, as regards scope, conceived in the same way as the Czech Section 30 of the Private International Law Act. However, the Austrian lex societatis faces a much greater number of interpretation problems than its Czech “counter-party”. This is due to the interference with European Union law, which enshrines for society’s very important freedom of establishment. It was on the basis of the freedom of establishment argumentation that the SDEU’s extensive case-law was modified, which the Austrian lex societatis largely modified on the basis of the seat.

Keywords

• Austrian Private International Law
• International Business Law
• Corporate Law