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On the Consummation of Corporation Personality Denial Legal Regime in Our Country

Author: YangWenBin
Tutor: FuQiLin
School: China University of Political Science
Course: Economic Law
Keywords: Company independent personality Shareholder limited liability Company personality denial
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 187
Quote: 0
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The principle of company independent personality is the foundation of modern corporation law. The principle of company independent personality carries bright discrimination on the company personality and the shareholder personality, and establishes a series of rights and the duty to guarantee company’s independent body status of market economy. It has displayed company’s important function in economic life, stimulated people’s investment enthusiasm, and had huge promotion effect on the promotion of public wealth increment. But, while the company independent personality playing its positive role, it also possibly becomes the tool main bodies such as shareholder abuse, which will destruct balanced benefit relations of corporation law, and harm legitimate rights and interests of benefit counterparts’ such as creditor. This violates the basic principle of corporation law. The company personality denial is the judicial relief way to this situation. The company personality denial denies company’s independent personality in particular case, then revert original state of interior unbalanced interest relations in company, and investigate the limitless and related liabilities of related shareholders, to achieve the goal of maintaining the benefit balanced of corporation law.Our "Law of corporation" in 2005 already confirmed the principle of company personality denial, and has carried on the refinement stipulation on some peculiar circumstances, such as the personality denies of company of one person. But, our country’s stipulation is still too abstract, lacking the concrete legal document to direct its applying, and rich case material to promote its consummation.Therefore, how to understand the legal principle theory of law of the company personality denial thoroughly, and inquire perfect way of our corporation personality denial legal regime in the foundation of summarizing and learning, is our important research subject of corporation law. This article test point to this question, from thorough to shallow, from abstract to concrete, following the principle of legality, the consummation way, the constitution important document, the suitable situation mentality, to give some proposals about the consummation of legal regime of company personality denial in our country.This article altogether divides into four chapters. The first chapter mainly elaborated the elementary theory of company personality denial, summarized the production reason of company personality denial, and inquired the theory root behind it. These theory roots also had simultaneously indicated essential feature of the company personality denial, providing the ideological foundation for the entire legal regime’s construction and consummation. The second chapter is mainly about the comparison test inspection of company personality denial system, introducing overseas legislative survey and the main theory, thus provides reference for our country’s system construction. The third chapter reviewed legislates and practice course briefly about the company personality denial, which reflected benignity interaction between judicial practice and legislative perfect, and simultaneously carried on the introduction and the narration to the related stipulation of our country in 2005 "Law of corporation". The fourth chapter is pondering the consummate of legal regime of corporation personality denial in our country, following the applying principle, the consummation way, the constitution important document, the suitable situation mentality, to form complete system of corporation personality denial legal regime in our country.

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