Study On Disregard Of Corporate Personality

As a controversial theory, Disregard of Corporate Personality has since been positively concerned and warmly explored by the parties since it is been made .its search for social equity and justice and its amendments to corporate system, and its own imperfect of system and its non-uniform Standard of application have attracted great interests of researchers and judicial practice sector. I, as a student took slightly into the field of law, with the curiosity of the system and the respect sense of the law, wrote down my superficial and relevant understanding of the system, forming the text.It is divided into three chapters.Chapter 1, the author explained the basic theory of the system, including its production, characteristics, values, and application elements and the practice application of the system and characteristics. In my view, the system is the result of alienation of Corporate System itself, which may induce Shareholders to abuse the independent personality of corporations. And do harm to the legitimate interests of creditors and the public. Face this problem, Disregard of Corporate Personality came into being. The feature of the system is distinctive, its application must has the logical premise that the corporation has gotten independent legal personality, and the result of denial of legal personality is only in specific legal relationship, and not to deny the overall corporate personality. And the consequence of applying the system is to deny the corporations independence and Limited liability of shareholders ,But this effect is only in the entity law and not recognized in Procedures law, while it is also my responsibility to mention its special result here. The value of the system is also worth mentioning that it embodies the dialectical just. It is cooperate with the end of company independent personality .Any system must meet specific requirements applicable, the author discusses the elements from the three areas, namely the main, act, and results.Chapter II, Extraterritorial comparative study of the system. In this chapter, the author firstly studied the history and application of the system in foreign countries. And discussed respectively the system of the United States and the United Kingdom Germany and Japan and their doctrines. From their comparison I got the following conclusions: one, they are all based on a fair and just legal recourse of the Civil Code and took them as the...