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On the application of the system of disregard of corporate personality

Author: ZhouJiaLi
Tutor: GeYunSong
School: Beijing University
Course: Law
Keywords: Corporate Disregard of Corporate Personality Be applicable Shareholder Creditor
CLC: D922.291.91
Type: Master's thesis
Year: 2007
Downloads: 740
Quote: 2
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Abstract


Implemented on January 1, 2006 the Company Law of the People's Republic of China under the \basis. However, to make this system truly play a role but also the functioning of the judiciary to achieve . Therefore , how the specific application of this system so that it will become the key to play its due role in the trial practice . This article will try to disregard of corporate personality system applicable in our judicial trial basis , applicable Elements and the applicable principles of this system in the proceedings and enforcement procedures may encounter problems are discussed . The text is divided into four parts : The first part introduces the meaning of the company's corporate personality and disregard of corporate personality and characteristics as well as the causes and effect , and described the relationship between them . Accordingly drawn Piercing the Corporate applies to companies in China has a very important significance . The second part describes the legal basis for the disregard of corporate personality system is applicable in our country , first cited the relevant laws , judicial interpretations and civil law basic principles , and then discusses the relationship between these legal basis , and finally elaborated on this basis how to apply these legal basis in judicial practice . The third part of the applicable elements of the system ( including the main elements of the conduct element from our corporate personality denied the results of the substantive law of the applicable company Piercing the Corporate elements of causality and subjective element ) and the applicable consequences . Part IV discusses the procedural law of the applicable corporate personality denial system mainly from a court of competent jurisdiction , the parties , the allocation of the burden of proof , public interest litigation disregard of corporate personality and its application in the implementation phase of our civil Unlike civil the litigation aspects discussed .

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