Legal Personal Law

Atificial persons(Iegal person as the same) are the important participants in international civil and commercial communication's the same as natural persons,the essential problems about them have to be regulated by their personal law such as whether they found validly,what they can do and how they can dismiss etc.However,different countries adopt different standards on how to identify their personal law.The countries of the common law system are apt to identify personal law of legal person as the law of the country where the legal person build its domicile,that is theory of seat,while the countries of continental law system consider it as the law of the country where the legal person set up,that is theory of incorporation.By studying carefully,we find both of the two standards have advantages and shortcomings,which one to choose in our legislation is an important problem,but in our present legislation,there are only several simple items about personal law of legal person,and some of them are not reasonable.So I've made some research on it and put forward my suggestions in this thesis. In my view,we'd better adopt the theory of incorporation principally,at the same time endue the judge with some discretion in special situation,that is we can apply the theory of seat as complement .Besides what I have mentioned before,we must make sure the area that the personal law apply.