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Controversial Issues of Chinese "Piercing the Corporate Veil"

Author: ChenLiXiang
Tutor: ChenKangHua
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Pierce the corporate veil Limited liability Personality Denial
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 253
Quote: 0
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Abstract


The company produced for the humanity of the modern enterprise system is a major undertaking, without as much as possible the modern economy. Of the Companies Act, the company is defined as a limited liability company and joint stock characteristics due to the of them shareholders' limited liability, attract investment, stimulate the economy at the same time, it also brings the expansion of the rights of shareholders. Therefore, the United States took the lead in 1905 to establish the theory of \Britain, Germany, Japan and other countries to emulate the theory, restricting the rights of the largest shareholder, legal weapons to protect the legitimate rights and interests of the minority shareholders and creditors of the company. Of the Companies Act Amendment of 2006, the first time \However, the United States \Even statute law countries such as Germany, for specialized treatment for the theory, as part of its case law. \China will \\The article will be divided into four parts: the first chapter to \The second chapter to \The third chapter to \Will discuss each of the three parts of the name dispute, the legal basis for the dispute, as well as the scope of the dispute. In the first part, will be introduced by a different name for the theory of the United States, Britain, Germany, Japan and the main theoretical comparison of the current use of the name \The second part of the legal basis for the dispute, I will by icon analysis of the legal basis of the theory of China and the United States the difference, explore the unclear legal basis of the theory is implanted defects. Third part applies to the case of dispute, I will be in American law as a basis for comparison, continue to use the graphic comparison analysis of the factors under consideration by the U.S. court system in the use of \Deep Rock Doctrine of infringement of debt and contractual obligation, latching companies with publicly traded companies, the company's bankruptcy, the parent company and the subsidiaries of the theory apply. Combined with the existing Company Law, 20, 64 and the Companies Act judicial interpretation (b) the application of the theory of \Chapter perfect views, I will discuss the special application of the theory in the parent and subsidiary companies, the area of ??insolvency, to apply the theory to analyze the feasibility of the idea of ??the burden of proof allocation and form of different companies, and put forward a sound opinion.

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