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The Study of Durchgriff Liability Confine in Piercing the Corporate’s Veil

Author: LiaoXiLing
Tutor: WuJianBin
School: Nanjing University
Course: Legal
Keywords: Company Law Associated enterprises Disregard of Corporate Personality Accountability
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 100
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Abstract


Disregard of Corporate Personality System perfect make up for the defects they exist as independent legal personality to build two of the cornerstones of modern companies and shareholders with limited liability has been theoretical and practical challenges . Today , scholars generally believed that the scope is not limited to the personality of Disregard of Corporate Personality abuse confused with personality also become applicable in this judicial practice has also been widely recognized . However , based on the principle of fairness and justice , and the principle of good faith to establish the company personality Denial System , specific commitment in the the straight cable responsibility range , both in theoretical circles or in the judicial practice of can be described as extremely rare , especially associated enterprises under the control of the same shareholder or controller . combine aspects of the straight cable responsibility theory of comparative analysis of the relevant the straight cable responsibility bear case on China -depth study of the the straight cable responsibility range bear problems , especially in the same shareholder or associated enterprises under the control of the control person unveiled responsibility on how to bear the problem . This paper argues that , in this case , must first identify the actual control whether the behavior of the abuse of corporate separate personality and limited liability of shareholders . Rights abusers control in the case of the above-mentioned acts , as should be the actual burden of responsibility . Second, protect creditor claims , to balance the new conflict of interest , and the rights and obligations to deny the value of the concept of peer-to-peer and company personality , and continuing to ensure economic and social security of the transaction and economic order , the court should identify the shareholder or controller The actual status of the property . If the control 's property is sufficient to satisfy the creditors directly investigated the unlimited liability of the shareholders or control people , to be held jointly and severally liability is no longer on the other sister companies ; vice versa , in order to fully protect the creditor's claim is realized , so that the imbalance in the distribution of benefits system to recovery , the shareholders or the controller can not settle all debt , you should ask the other sister company is unable to repay part of the common shareholders or control jointly and severally liable .

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