The Study In Theory Of Disregard Of Corporate Personality And Judicial Practice

The separate of corporate property and partners'properties has laid the foundation to maintain the independent personality of company and limited liability of partners. However, if this foundation is destroyed, the partners are permitted to control their investments directly and even company itself meanwhile the partners still have the rights of limited liability in debts, creditors and even society will lose plenty of interests. Moreover, it will breach the original intention of frame in corporation law, the protection of creditor's rights and business security, even in pursuit of fair and justice in law.The theory of disregard of corporate personality is such doctrine that can defend the partners on abusing rights and avoid the loss of relative interests. The theory comes from America and then is used by developed country widely. Our scholars have lots of research in disregard of corporate personality so that it has come into being series of theories about disregard of corporate personality. Legal authorities also constitute some relative rules. nowadays, the new corporation law states this rule as the statute firstly. Therefore, it is very important for us to understand the meanings,applied conditions and legal obligations of theory of the abuse in corporate personality completely, define the effects in offering procedure safeguard to parties in this theory carefully.By concluding the meaning,characters,applied conditions and factors of theory of disregard of corporate personality, according to our practices of legislation and judicatory, with the way of case analysis, to study how theory of disregard of corporate personality applied in legal practices goes well, the author states that at first, the plaintiff in the case of disregard of corporate personality is the party who has the right to appeal owning to the abuse of corporate personality. In turn, the defendant is the party who is sued by the plaintiff including both company and the partners who abused the corporate personality. The distribution between the parties of the issues about abusing corporate personality are ruled by the invert of burden of proof. During the court trial, the applied terms must be complied by Good faith doctrine and...