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Our Company Juridical Person Personality Denial System Judicial Problem Research

Author: DengPengYu
Tutor: ChenQiWei
School: Nanchang University
Course: Company Law
Keywords: disregard of corporate personality theoretical basis judicial application system perfection
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 105
Quote: 0
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Abstract


The company personality denial system as the company law in modern legal idea and practice of correction, its meaning will be established in the foundation of the system of direct company ~ limited liability principle. China’s new" company law" in the general section of the twentieth paragraph 3 of the disregard of corporate personality made principle provision, specific portions of the sixty-fourth and to a human of company shareholder and company assets as ’s specific circumstances. However, due to laws, lack of practical guidance to specific rules, so that the current judicial practice about the rules about how to apply, is still not a universally accepted standards, when identifying the also produced some confusion.Based on the current domestic and foreign corporation legal person personality denial theory, our new" company law" in China as well as in judicial practice in part as the research object, based on the company law of our country and relevant procedure legislation and judicial present situation, summarizes and analyzes the related theory and practice there is controversy place, in the judicial practice in the application of the system existence question proposed own opinion and idea.The full text divides into four chapters. The first chapter is the introduction, the company personality denial system and our country’s legislation and judicial status, narrative writing. The second chapter discusses the basic theory of corporate personality denial system. Introduce the company legal person personality denial system of the basic concept, background and development process, the system constitution, the applicable conditions and consequences are fully discussed, put forward their own views. The third chapter of our company juridical person personality denial system present situation, introduced our country at present abuse of corporate personality form, the system of our country the sources of law, discussed our country the company legal person personality denial system in the judicial practice the various stages of the specific application problems. The fourth chapter proposed consummates our country legal person personality denial system countermeasure, the suggestion of company juridical person personality denial system of legislation and the related judicial interpretation, judicial application of typical cases in the play guiding role.

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