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Companies Disregard rational boundaries

Author: ZhaoYiMo
Tutor: GuanXiaoFeng
School: China University of Political Science
Course: Economic Law
Keywords: Corporate Personality Deny Border
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 251
Quote: 2
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Abstract


Disregard of Corporate Personality as a supplement and perfect the soft standardize independent legal system is the system in the company's independent status and protection of the interests of creditors and gradually established a long game . Currently, the company Disregard for how to optimize the positioning and specification details of the system are still a lot of controversy , the result is to deny the boundaries of corporate personality is still very vague legislative norms and judicial determination , resulting in the system in the current judicial practice of inaction state. In this paper, the company Disregard rational boundaries delineated the main line , through the history , values, set forth the substantive law and procedural law boundaries boundary , trying to blur the boundary clear disregard of corporate personality , scientific , divided into four chapters : the first chapter discusses the company raised the border issue Disregard history . Followed by the company to shape the personality of recognition of the historical approach , through a comparative study of two legal legal system is proposed to obtain the freedom of the modern corporate personality principle , the principle of limited liability of shareholders and the capital structure of the partnership principle of the Trinity ; followed by a question to the corporate personality denying the historical approach , a clear disregard of corporate personality of the company independent personality complementary , and afterwards fix legislation positioning. The second chapter discusses the company values ??Disregard boundaries . Select the level of basic values ??in the value of justice, freedom and order propositions were analyzed in the form of justice and substantive justice, universal justice and individual justice, freedom and order the game relationship , proposed a measure to set fair to achieve scientific , economic and social effective coordination of border demarcation Disregard for the company to provide a value basis. The third chapter discusses the company 's substantive law Disregard border . Research by the company Disregard applicable scenarios , elaborated under what situations are likely to cause denial of corporate personality , the personality of the company denied this phenomenon is not entirely inductive research , a clear boundary regulation the main object ; through the company Disregard Research applicable conditions in the main elements of the behavior elements , the result elements , requirements and other aspects of exclusion relatively precise delineation of the applicable standards of corporate personality denied , thus denying Assigning corporate personality substantive law at the macro boundaries . The fourth chapter discusses the company 's procedural law Disregard boundaries . The gradual implementation of demand for the company Disregard litigation lawsuit from the perspective of the proceedings , the company set up a special program to deny the appeal of personality on the program starts , judicial and other specific properties, and the burden of proof to explain personality denied procedural law firm boundaries .

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