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Of disregard of corporate personality System

Author: SunYiBo
Tutor: LiJianWei
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Personality Corporate Personality Disregard of Corporate Personality
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 257
Quote: 4
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Abstract


The new Companies Act came into effect on January 1, 2006, marks the company's system in the development of our country a new turning point. Among them, the disregard of corporate personality system written into the statute law, which in itself is a major undertaking, but also of the Companies Act contribution to the world of company law. However, the specific application of the system in practice is no clear legal provision or judicial interpretation to the judicial practice difficult. The same time, the increasingly rampant abuse of corporate personality behavior to the normal economic order to cause confusion, the lack of legal provisions and the legitimate rights of the victims can not be protected in accordance with the law, fairness and justice is being distorted here. It is necessary to discuss the current status quo on how to improve our disregard of corporate personality system. This article consists of six parts: The first part is an introduction, analysis of the absence of legislation on the system of disregard of corporate personality and the resulting risk of judicial abuses, pointed out that the disregard of corporate personality system in our country should adopt legislative, judicial, law enforcement directional, multi-level improvements, the original intention of setting up this system, in order to explain the purposes of this article and practical significance. The second part of the disregard of corporate personality system, the theoretical analysis. Illustrates the important concepts of disregard of corporate personality system, the meaning and application elements. That the system is a necessary complement to and improvement of the corporate system. The third part of the disregard of corporate personality system a comparative study. The United States, Britain, Germany, Japan Shikoku corporate personality denied that the system was analyzed, summarized and extra-territorial system of our country can learn from. The fourth section summarizes the history and development of our corporate personality Denial System, pointed out that in the development of specific historical evolution of legal personality to deny that the system faces major practical challenges. And the legislative model of the new \The fifth section presents the author's recommendations on improving the country disregard of corporate personality system. Recommendations from several levels of legislative, judicial, law enforcement and other related systems to be improved. Part VI is the conclusion, that the disregard of corporate personality system is the corporate system, and useful supplement, but care must be taken in specific applicable. Multiple levels, from the legislative, judicial, law enforcement, seeking the perfection of our disregard of corporate personality system.

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