The Disregard Of Corporate Personality In The System Of The Bankruptcy Law Applicable

Modern market economy in a very important to run the mechanism is legal system. The company is legal system of modern civilization. A large system create a result, the connotation of independence of legal personality and the company limited liability. The company's legal system, and have substantially promoted economic development of human society, everything good has its advantages and disadvantages, the company's legal system is no exception. Its main weakness is that shareholders might be an independent legal personality misuse of company a wrongful act or evade its responsibility. For the rule of legal system such abuses of the firm, company legal personality was denied system. Company legal personality denied system is the united nations and continental shareholders the misuse of company legal persons independent and limited to specific legal relations in the personality and a limited liability company be denied, the direct responsibility for the members of a legal system. Our country in the legislation also introduced the western countries the legal personality denied system, but only the basic principles and content in the abstract, and as for the various to apply to the lack of specific application. Therefore, the paper according to legal personality in the company denies the most suitable areas——that field, in theory and practice the law to explore.Company legal personality in the system of law applicable in the face of legal personality in the company denies that the system applies to the problem, since both are pro and con the company's legal system to ensure a healthy development of legal personality, so the company denies system in the applicable law is significant. Second is addressed legal personality that appeals to the company of which has a right to appeal the author thinks that only by the obligate, the court will not be able to apply ex officio. Then the article expounds the company's legal personality in the system of law applicable to deny the need to meet four logic elements is the prerequisite conditions, the main:a result, a and a; at the same time, only on specific occasions, as companies can apply to the lack of capital obviously, the pleasures of the flesh of occasions, violate the legal obligations and duties of the agreement of the occasion. Finally, the company's legal personality in the law applicable to deny the system of the consequences of being liquidated in person, it is only part of the creditors, and its independence from the misuse of company's shareholders to this part of the debt and companies shall be jointly and severally liable for; shareholders of the company is still partially responsible for the company had go bankrupt, the company's debts with limited liabilities, Otherwise, such as shareholders of the company has overall responsibility, the company is bankrupt, the shareholders to the corporate debts assume unlimited liability.