A Case Study Of The Personality Of Associated Company

Related party transaction is engaged in economic exchanges between related parties, it isa "double-edged sword", which can produce certain positive impact on the economicrelations.Due to the frequent economic exchanges between associates. They can form fullunderstanding and trust.with the trust, associates can reduce the transaction procedures andimprove efficiency. So the fair affiliated transactions is a good thing for related parties. Butthe one party of the transactions may have the ability to control the other associated ideal, sothat the other associated may lose their independence, then it will produce unfair relatedtransactions.unfair related transactions are not just hurt the interests of the related party andthe creditors, it even disrupt the market order. In practice, because the related party transactionis different from the general transaction, some people want to get excess profit, they willhave different agendas to use the correlation relationship of unfair trade. Therefore, how touse the current legal to regulate the unfair related party transactions,which has very importantsignificance.In this paper,with the help of the guide case, this paper analysis associated companypersonality mix of acknowledgment and applicable law. Except the introduction, there aremainly three parts:The first part is introduce case, then leads to controversial legal issues. there are threemain problems: the first is how to identify the Associate Company personality confusion; thesecond is What is the legal basis to order Chuan Jiao Industrial and Trading Company and RuiLu company jointly and severally liable to pay the debts of Sichuan Industrial and TradingCompany；the three is should not ruling three Wang Yong Li company’s actual controller ofjoint and several liability.The second part is to analyze the case of three issues. Firstly defined the connotation ofassociated companies and the concept of personality confusion, from the personalityconfusion whether the analysis of the constitutive requirements of the case companyconstitutes affiliate company personality confusion; Then from the perspective of the use ofthe legal person personality denial system requirements, analysis of the case can consultapplicable legal personality. According to the related legal theory and legal provisions,analysis result in the actual control of affiliates personality confusion should not to bear the liability for the debts of the company.The third part is the conclusion. According to the case of first instance verdict andapplicable legal basis and judgment of legal theory, to evaluate this case decision, come to theconclusion that the reasonable judgment to the case, as well as the enlightenment to thejudicial practice.