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INFORMATION LETTER OF PRESIDIUM OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of December 1, 2003

About determination of the status of the foreign person participating in process of economic court

Economic courts by consideration of disputes with participation of foreign persons shall take measures to establishment of legal status of the foreign persons participating in economic process. At the same time it is necessary to apply Chapter 71 of the Section VI of the existing Civil code of the Republic of Uzbekistan regulating application of regulations of private international law to the civil relations.

In particular, courts should consider that legal status of the foreign physical person is determined by the personal law of the foreign physical person. According to Art. 1168 of RUZ Group the personal law of physical person the right of the country which nationality is person is considered has. In the presence at person of two or more grazhdanstvo the right of the country with which the face is most closely tied is considered the personal law. Legal status of the foreign physical person having the status of the individual entrepreneur according to Article 1169 of RUZ Group is determined by the country right where the physical person is registered as the individual entrepreneur. Legal status of the foreign legal entity is determined by the law of the foreign legal entity.

According to Article 1175 of RUZ Group the law of the legal entity the country right where this legal entity is founded is considered.

Legal status of the foreign person is confirmed, as a rule, by the statement from the trade register of country of source. Legal status of foreign persons can be confirmed also by other proofs of the status of the legal entity recognized as those by the legislation of the country of organization, nationality or residence of the foreign person.

It is necessary to highlight the following that the documents and acts issued or certified in the established form by competent authorities of foreign state concerning the Uzbek organizations and citizens or foreign persons are accepted by economic courts in Uzbekistan in the presence of legalization of the specified documents if other is not stipulated by the legislation the Republic of Uzbekistan or the international treaty which participants is the Republic of Uzbekistan and the state from which competent authorities these documents (proceed see. The information letter approved by the resolution of Presidium of the Supreme Economic Court of the Republic of Uzbekistan of May 29, 2003 N30 "About Requirements Imposed to the Documents of Foreign Origin Brought into Economic Courts").

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