A Study On The Unlimited Duty Of One-man Company

The new Corporate Law has been enforced, and establishes the legal status of the one-man company. But following its rapid development, the negative influence should not be ignored, especially the unlimited duty of the one-man shareholder. Because the one-man company has both the protection of limited duty and advantage of the one-man management, and lack of the corresponded restrict system, facing the present circumstance in our country whose management is confused and credit is lacked, its shareholder is much easier to abuse the independent personality of corporation and limited duty, evades the legal or contract responsibility, and harm the behalves of the creditors. So it is necessary to deny the independent personality of corporation, and enforce the shareholder to take the unlimited duty.Not only the theory base on the form and characters of unlimited duty, but also the activities on the assume of duty, we are still lack of the knowledge and experience, both the scholastic and lawyers. Therefore the thesis tries to summarize the characters of the unlimited duty from the contrast between limited duty, and adopt the disregard of corporate personality theory, use the lawmaking experience for reference, starting from the point of the appliance, analyzes and estimates the situations and characters of the behavior. Hope to make some active effects for the further research on the one-man company.