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Application of the System of Piercing the Corporate Vein in Judicial Practice

Author: ChenXingGuo
Tutor: WuShuangQuan
School: Lanzhou University
Course: Civil and Commercial Law
Keywords: legal personality denied the system research
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 34
Quote: 0
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Abstract


Disregard of corporate personality system, the company is to prevent abuse and protect the independent character of the creditors of the company and the public interest, the specific legal relationship on the particular facts, denied the company and its shareholders behind the separate personality and limited liability of shareholders, and ordered shareholders (including individual shareholders and corporate shareholders) or creditors of the company is directly responsible for the public interest, in order to achieve fairness, justice requires and to set the target of a legal measure. Disregard of corporate personality are essential characteristics of the system:the company’s independent personality is denied, only to the specific subject matter in the case denied the company’s independent personality, disregard of corporate personality system is the imbalance between the interests of correction. Disregard of corporate personality is the standard application of the system abuse of corporate shareholders and shareholders of limited liability independent status, avoid debt, seriously damaging the interests of creditors of the company. Specific performance:a significant lack of corporate capital, the use of shell companies to avoid legal obligations, the empty shell of corporate personality. The author concluded disregard of corporate personality Elements of the system:according to the independent personality of the company; shareholders act of abuse of corporate personality; to the interests of creditors or harm the interests of society; behavior and the damage of a causal relationship.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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