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Piercing the corporate veil in the nature of the responsibility of the shareholders

Author: XiaoJiLian
Tutor: SunJiLu
School: Foreign Service Institute
Course: International law
Keywords: Piercing the corporate veil Responsibility Pursuit of value Significantly less capital Confuse personality Excessive control Xinghai of
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 38
Quote: 0
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Abstract


Disregard of Corporate Personality in the nature of the shareholders' liability is a very controversial issue , in 2005 was the \different conclusions difficult to unify . Considering that the problem has deep theoretical value and a very wide scope of application , the author claims should be based on our company practice , which analyze specific issues . Disregard of Corporate Personality purpose is to prevent the creation of the abuse of corporate personality , in order to protect the interests of creditors and the public from unlawful infringement, China's \joint and several liability and joint and several liability may be added , the law provides for joint and several liability only generalities , which makes the actual processing problems encountered many problems, judge judicial practice this is difficult to define , so that only the shareholders to make decisions jointly and severally liable for the nature of the sentence , and other issues left to the implementation phase , the problem is more complicated. According to scholars, the abuse of corporate personality is broadly divided into capital notable lack of personality confused , over- controlling shareholders , the company Xinghai of these types of common scenarios . Papers from piercing the corporate veil to explore the pursuit of value system to start , in accordance with the concept of fairness and justice at home and abroad on the basis of the theory and practice through a typical scenario for these types of common shareholders' responsibility to conduct the case analysis , trying to specific issues specific analysis approaches discussed the nature of its shareholders bear joint and several liability method .

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