Der Begriff der Gesellschaft im Internationalen Privatrecht

ith separate legal personality, all separate estates and all associations of individuals which pursue a common objective. Therefore, entrepreneurs with limited liability such as the French EIRL are to be characterised as companies. The same goes for trusts having separate estates. The definition developed in this article applies not only to national conflict rules but also to the concept of »company« in the European provisions concerning the freedom of establishment (Art. 54 TFEU and Art. 34 EEA, which, however, exclude non-profit-making companies) and to conflict rules in international conventions such as the »Treaty of Friendship, Commerce and Navigation between the USA and Germany«.