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On the essence of disregard of corporate personality and its applicable elements

Author: GuoHuiCong
Tutor: MaZhongFa
School: Fudan University
Course: Legal
Keywords: Disregard of Corporate Personality Substance Applicable Condition Applicable rules
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 141
Quote: 2
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Abstract


Disregard of corporate personality system is a complement to the corporate system, designed to prevent the misuse of the Company's independent personality and limited liability of shareholders, to protect the interests of creditors. \But the law only made abstract principle provisions. Abuse the specific circumstances of the company's independent personality is very complex, and the performance of a variety of forms, the trial practice applicable standards lack of a clear, easily lead to Disregard of Corporate Personality inappropriate for. How to \Abstract rules of judicial practice properly applied to cases, requires a profound understanding of the nature and meaning of the system to accurately grasp applicable elements, follow the proper rules. In this paper, the disregard of corporate personality in real terms and the applicable elements for the intrinsic link between the focus of analysis and research, as well as specification applies to both corporate personality deny the importance of reasonable application of, and then combined with our judicial practice in problems, to learn from foreign experience, the ideas put forward to improve the Disregard of Corporate Personality applicable. Article a total of five parts. Disregard of Corporate Personality essence of Chapter parse Disregard of Corporate Personality rectify imbalances of interests between shareholders and creditors of the company, aimed at maintaining the fairness and justice, put forward at the same time, the disregard of corporate personality system belongs equitable norms , special applicable requirements. The second chapter of the nature of the disregard of corporate personality system, elaborated the importance of the study of the applicable elements, and applicable elements of the contents of a preliminary definition proposed applicable corporate personality deny should be the main elements of the subjective element, acts Elements results elements and causation elements of five review. Chapter III, explore foreign deny the applicable elements of the theory and practice of corporate personality, analysis of the rules and characteristics of the countries to explore the theory and practice of long-term formation and further illustrate the complexity and uncertainty of Disregard of Corporate Personality applicable and countries are exploring the applicable model according to their own national conditions, in order to gain experience available for reference by China. Chapter IV, combined with the specific case analysis applies to the use of the elements of our judicial practice, summed up, indicating the existence of applicable elements not clear, the applicable standards are not uniform and other issues should be further standardized. Chapter 5, above study is proposed to improve the Disregard of Corporate Personality applicable general idea. Specifically Disregard of Corporate Personality applicable interests of the measurement process should be appropriate to use the measure of interest, the legislative purpose of the guidance, follow the applicable principles, the strict application of the elements of reasonable applicable specification applies.

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