Abstrakt
The paper aims to examine the law applicable to companies in cross-border relations, under the viewpoint of the Czech, Chinese and European private international law (PIL). Attention is focused on common and different backgrounds of PIL in Czechia and China, with special regards to incorporation principle and real seat principle as enshrined in PIL legislation of both countries.
Particular role is played by the EU law and the CJEU case law, as well as by the Draft Rules on the Law Applicable to Companies and Other Bodies (Rome V). Given the existing political circumstances, the adoption of the Draft of the Rome V Regulation is not quite realistic.
However, it is apparent that the discussion will continue; in the author's opinion, the general trend of supporting cross-border mobility of companies evolves towards gradual promotion of the incorporation principle, with some necessary modifications. (C) 2020, Academy of Sciences of the Czech Republic, Institute of State and Law. All rights reserved.