Recognition of Juridical Persons in International Law

Recognition of Juridical Persons in International Law in Europe

Juridical persons (or persona ficta) are entities, other than natural persons, that have sufficient existence in the eyes of the law to function legally, sue and be sued, and make decisions through agents. Examples are business entities (including associations and corporations) and governmental and intergovernmental organizations. Juridical persons are subject to the in personam jurisdiction of a municipal court in much the same way that individuals are. Thus, legal entities created within a state are nationals of that stateā€”they are called ā€œdomestic entitiesā€ā€”and they may sue or be sued there. Foreign entities, however, are amenable to the jurisdiction of another stateā€™s municipal courts only if (a) they are recognized in law as juridical persons and (b) they give their consent. Governments and intergovernmental organizations, accordingly, must be formally recognized (see the Case “Arab Monetary Fund v. Hashim and Others”), while other foreign entities (including business firms) must be created as juridical persons by recognized governments. The “Bumper Development Corp., Ltd. v. Commissioner of Police of the Metropolis and Others (Union of India and Others, Claimants)” case explores the requirement of recognition.

See Also

Refugees and stateless persons conventions
Arbitration: Examples of Refusal of Recognition and Enforcement
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Arbitration: Examples of Recognition and Enforcement

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