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A Study on the Judicial Practice about the Provision of Disregard of Corporate Personality

Author: ChenZhiYang
Tutor: BaiGuoDong
School: Fudan University
Course: Legal
Keywords: Corporate Personality Disregard of Corporate Personality System Practical operation
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 422
Quote: 1
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Abstract


The company is an important organizational form of the modern enterprise principle as the two cornerstones independent personality and limited liability of shareholders, played a huge role in the promotion of investment and economic development. However, the absoluteness of the principle of the independence of corporate personality, caused by the abuse of corporate personality, to the detriment of the interests of the creditors of the company. Between the interests of equity shareholders and creditors, to achieve fairness and justice of the law, as well as to further improve the system of corporate personality, Europe and the United States first established the system of disregard of corporate personality. October 27, 2005, our new Company Law Amendment formalize the disregard of corporate personality system. However, due to the new \This article will be starting from China's judicial practice, refine research by our corporate Denial System, in order to uncover the mystery of the \The paper points to be discussed in the following sections: Introduction: mainly on topics purposes. Denied that the system be made only corporate personality of the new Companies Act provides for the principle, and therefore it is necessary to refine research the applicable rules of the system in the judicial practice, so that the system can better serve the judicial practice. Chapter One: mainly elaborated the Corporate Personality denied the general theory of the system, through a comparative study of the different legal systems of the countries disregard of corporate personality system, and to deny legislation and judicial practice of the system to provide a reference for our corporate personality. Chapter Two: introduces new \Chapter III: disregard of corporate personality to use before the promulgation of the new Companies Act jurisprudence and new \Disregard for bedding. Chapter IV: The main study how to correctly understand and applicable to China's disregard of corporate personality system, its program operation issues in the litigation. Chapter: deny the existence of the system in the legislative and judicial practice of China's corporate personality profiling and the corresponding recommendations to solve problems in order to improve the system of China's disregard of corporate personality, and to better guide the practice. Conclusion: Only constantly improve the disregard of corporate personality system, it may be the equity shareholders of the Company and the interests of the creditors of the company, and truly reflect the fairness and justice of the law.

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