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On the corporate personality denial system applicable conditions

Author: WangZuo
Tutor: YinZhiQiang
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Law Disregard Piercing the corporate veil Applicable Conditions
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 279
Quote: 0
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Abstract


Piercing the Corporate Law in China is an important system theory . It aims to achieve its claims of creditors to provide a new means of relief . That is, in particular legal relationship , when the company independent personality and misuse of company shareholders limited liability of shareholders , to circumvent the law or evading debts , serious damage to the interests of innocent creditors , under which the corporate veil can be lifted , so that the shareholders directly liable to the creditors . New \This provision is more of a declaratory provision , leading scholars on the one hand positive affirmation of the new \Practice many judges decide cases due to lack of standards, although there are in trial practice and render a decision in accordance with the rule , but the overall look really applied directly as a trial basis for the regime so few examples , most people still on the sidelines , looking forward to the Supreme Court able to make relevant judicial interpretations , the concrete application of this system to work out practical solutions . In addition to this introduction and the conclusion is divided into five parts , with a focus on corporate personality denial system applicable conditions for analysis. The first part , the author denied the basic concepts of corporate personality and characteristics of departure , sought to highlight the principles of this system and other company law distinction . The company has an independent personality is the theoretical basis of the Companies Act , when the shareholders' misuse of company independent personality and limited liability of shareholders , to the extent of serious harm to the interests of creditors before they can be applied to systems piercing the corporate veil , piercing the corporate veil to protect the legitimate rights and interests of creditors . The second part , the author from the body , behavior, discussed in detail the consequences of three constituent elements of the system . As the new \good method , but with the company in the form of diversification, the abuse of corporate personality has become increasingly volatile situation , the focus of the applicable conditions of piercing the corporate veil to play a full part of the system is consistent with legislative intent . The third part , the author describes the theory of piercing the corporate veil of foreign development history of China and foreign legislation horizontal comparison , learn from foreign experience in legislation , as summarized Disregard of Corporate Personality Sorted provide theoretical references . Although summarize the scope of piercing the corporate veil , but more difficult to adapt to China 's national conditions to develop implementing rules is indeed necessary . The fourth part is the corporate personality denial system applicable conditions , this part of the chapter is the focus of this article . Disregard of Corporate Personality academia for the applicable conditions have different classification methods , the authors based on actual cases , combined with the views of the majority of scholars , will be divided into a significant shortage of capital , personality confused , over control of the company Xinghai four , respectively, with examples Piercing the Act specifically addressed in different situations applicable standards. The fifth part , for this stage of corporate personality denial system application in practice is gradually emerging problems , the authors present their insights France . New \operability.

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