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Study on Several Issues of Negating Juristic Personality in One-Man Company

Author: ZhuZuoPing
Tutor: ZhangZuo
School: East China University of Political Science
Course: Legal
Keywords: One company Personality Denial Constituent elements Improve the system
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 65
Quote: 0
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Abstract


The system recognizes the company of corporate personality is independent of the main to enjoy natural persons personality. The system is a great tribute to enhance shareholders' investment enthusiasm, prosperity and social economic. But in the same time accelerate capital accumulation and integration, promote economic growth, like other double-edged sword, the side has a substandard purpose limited liability of shareholders there is often the risk of abuse. Of the \But one company shareholders only one person, it is more complex shareholder company, the legal personality defects, especially evident. Disregard of Corporate Personality refers to the abuse in order to prevent the independent personality, denied that the company and its shareholders behind separate personality and limited liability of shareholders, and ordered the company's shareholders, creditors of the company or the public interest, directly on the particular facts of the specific legal relationship responsible for, in order to achieve the requirements of fairness, justice objectives and set a legal measures. One correctly apply the Disregard of Corporate Personality theory can make up for the one-man company defects, balance the interests of shareholders and creditors, and to promote the healthy development of a variety of forms of enterprises, and to reduce the social costs of limited liability. One company applies the legal personality to deny the theory as the research object, integrated use of normative analysis method, comparative analysis method, and case analysis method and other methods in one company legal personality defects, one company applies legal personality deny the theoretical necessity of in-depth analysis of the basis of on, comparing abroad the United States, Germany, Japan's corporate personality denied theory, less than that of the existing provisions of the Companies Act, focused on perfecting China's one-man company Piercing the Corporate for judicial procedures design, as well as suggestions for improvement. This article discusses the following three parts: The first part is a one-man company applies an overview of the theory of Disregard of Corporate Personality. This section is intended to lay the foundation for this article discusses later then put forward the need for one company applies Disregard of Corporate Personality theory by analyzing the essence of one corporate personality defects, and the Disregard of Corporate Personality. The second section discusses the major countries of the applicable corporate personality deny that theory. This section describes the United States \20, 64, third paragraph and the understanding of the inadequacies of the existing provisions. The third part describes the improvement of one of our disregard of corporate personality system. The part of the in-depth analysis of one company applies legal personality deny the constituting elements, namely the main elements of the behavior of elements and results elements proposed judicial operation of the program's design, including the program's start, the burden of proof allocation of responsibilities, to provide reference for the judicial practice unified applicable law. Finally, this paper also proposed system recommendations can be enacted amendments to the Companies Act, the introduction of judicial interpretation, the implementation of case guidance system to achieve one applicable to the Company Disregard of Corporate Personality.

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