By Pieter Nicolaas Drost (auth.)
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Additional info for Contracts and Peace Treaties: The General Clause on Contracts in the Peace Treaties of Paris 1947 and in the Peace Treaty of Versailles 1919. A Comparison in Outline with some Suggestions for the Future Peace Treaties
In fact, a dissociation between nationality and personal status must be made for the simple reason that no legal personality exists. If it is at all correct to attribute a definite and separate nationality to a body of persons without separate legal entitywhich is widely admitted and which is indispensable in the international field and in the law of treaties - why should in the case of legal persons the nationality be connected with, and made dependent on, the legal status? The fact that a non-incorporated body of persons is capable of having a national character of its own, leads, if a particular nationality is to be determined, to an application of a test based on the personal allegiance of the members of the association which is nothing else but the theory of control.
However, a iurisprudence constante has not yet been established. In England the test of control has not been applied in matters of nationality. The leading case on the subject is Daimler Co. v. ,  1. ,  2. , in which Lord Parker said: "If a company is regarded as British on account of its place of incorporation, this would not suffice the question whether it had enemy character". "That character can be derived only if resort be had to the predominant character of the shareholders". Under English law the principle of control determines enemy character but it does not decide on nationality.
Etc". Section V Treaty of Versailles dealt with contracts, prescriptions and judgments. T. T. e. the principle of incorporation and the theory of the siege social; d. Chamberlain and Hookham Ltd v. , Rec. I, 722. In James Dawson and Son v. G. and Banque Balkanique, Rec. T. clearly distinguished between nationality and enemy control: "Accordingly the Tribunal arrives at the conclusion that the Treaty assumes that a company is a national of the Power, to the laws of which it owes its existence" .