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The Application Of Our Country's Disregard Of Corporate Personality System

Posted on:2008-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:H M HuFull Text:PDF
GTID:2166360215956496Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Law of disregard of corporate personality system is the British and American legal system and the mainland legal system country abuses the company legal person independent status and the limited liability when the company shareholder, to in the specific legal relationship company personality and the shareholder limited liability denies, presses for payment behind directly the company the member responsibility one kind of legal regime. This system starts from the beginning of the 20th century after US, by the West developed market economy country widespread use, it through the negative influence which produced in the movement is already carried on to the company legal person personality system the recovery, has realized correction fair effectively, and impelled the company system development by this. But at the same time, the Western country usually is suitable to this system by the legal precedent form, it is suitable the important document and the concrete situation to this system and the not explicit limits. Along with company legal person system in our country's gradually establishment, because company legal person system own existence multiplies including the company shareholder superiority status the dangerous and the company legal person system own hideaway moral danger and so on the intrinsic flaw, Our country Corporation legal person system appeared the use company independent personality status escape debt of all forms in the actual movement, harms the creditor legitimate rights and interests the phenomenon. In order to eliminate the company legal person system to move the malpractice in our country , our country was very early had the law of corporation personality denial legislation and the judicial practice, and to practiced abuses the company independent personality status the phenomenon to carry on the effective containment, But overall, our country's in this question stipulation also far imperfect also with law of corporation personality denial theory existence essence difference. Our country "Law of corporation" introduces officially in the new promulgation to this system, after and makes the sense of principle and the fuzziness stipulation, was suitable this system for our country to contain abuses the company legal person personality system the behavior to provide the explicit legal basis, this was without doubt our country legislates in a course big progress, But the new law of corporation not and is suitable the procedure to the law of corporation personality denial system suitable condition and so on the key question to make the most basic stipulation, but is hands over this legislation difficult problem by the most high court makes the judicial interpretation to solve. Thus, how were we still facing are suitable this system in our country existing economic environment and under the judicial condition and prevented abused this system the question. This article in the discussion law of corporation personality denial legal principle theory of law, summarizes the analysis to pass our country to practice and to place on trial the practice in this system legislation in the foundation, proposed the implementation is suitable the principle prudently, makes the frame stipulation first, afterwards gradually gives the legislation at in the summary judicature experience foundation which consummates to devise, attempts suitably to propose the solution specifically for the law of corporation personality denial system in our country。Says specifically, based on our country legal system still the imperfect present situation, according to the law of corporation personality denial took one kind of balance guild regulations Fan when being suitable has the supplemental intrinsic request, our country when is suitable the law of corporation personality denial system, first should persist the prudent suitable principle, prevents the law of corporation personality denial system abusiveness. At the same time, for the instruction current trial practice, the safeguard law of corporation personality denial system establishes after in our country the effective execution, the urgent matter is must to the law of corporation personality denial system suitable condition.This article divides into three parts. The first part elaborated the company personality elementary theory as well as the company personality denial system general idea, for develops this topic well the research, has built the basic rationale. The traditional company legal person personality system while has the economic value goal, but also has the request company shareholders to under take the corresponding law to the price and the legal consequence fair, the just ethics value goal. But in system movement practice, the people when pursues this system economic value goal, actually has neglected the system fair value goal, causes in the practice to abuse the company legal person independent personality the behavior massive appearances, and causes the company creditor's legitimate rights and interests to suffer injury, the company legal person personality system movement actual effect has departed from this system design original intention. In order to seek overcomes the malpractice the legal measure, in the western nation judicial activities, has gradually established the company law personality denial system through the legal precedent form. The company law personality denial system is not to the company legal person independent personality thorough denial, but is denies in document to the specific company personality, its suitable result usually is causes the company shareholder to undertake the unlimited liability in certain specific situations to the corporate debt. The company law personality denial system lets the behavior person which abuses the company legal person independent personality status undertake its corresponding legal liability, to the way which afterwards rectifies effectively restored social justice and is just. Has the similar flaw in our country company legal person personality system in the legal principle theory of law, and has the similar problem in the movement practice in the situation, this part to the correlation legal principle theory of law introduction research, then sought the company law personality denial system for this article accurately suitablly to provide the powerful theory support in our country; The second part introduced our country abuses the company independent personality the phenomenon and the law of corporation personality denial system in our country's theory basis and the practice situation, summarized the law of corporation personality denial system to legislate the insufficiency in our country which and in the trial practice success experienced and exists. As a result of the correlation law system flaw, in our country economic life abuses the company legal person independent personality the phenomenon to be extremely prominent. In order to contain this kind of illegal act, our country very already had with the company law personality denial system correlation legislation and the judicial practice, and consummated for the company law personality denial system in our country establishment accumulated the precious experience. But overall, our country also far is far from the consummation in this aspect legislation even to distinguish with the company law personality denial system existence essence. Adapts with this, our country has the certain degree at in the company law personality denial case trial practice the confusion; The third part proposed our country is suitable the law of corporation personality denial system the concrete conception, is this article core part and an innovation institute is at. and so on the key question make basic being clear about with the procedure. Afterwards, according to the law of corporation personality denial system the request which proposed in the judicial practice, the prompt revision is connected each substantive law and the necessary system, enriches the law of corporation personality denial system unceasingly the written law basis, just now solves the this system suitable question road of basis.
Keywords/Search Tags:Disregard of Corporate Personality, System Practice, System Consummation
PDF Full Text Request
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