The Company Personality Confusion Of Judicial Application

Company personality confusion is to point to by the company’s property, such as organization structure, business way of confusion with another company’s shareholders or mix into an organic whole, between the company and shareholders or company and other companies are to each other, cause are not separate independent legal personality. It essential connotation is that such integration can let shareholders coincidence of personality and legal personality. In company law on the legal person personality independence is the basic principle, but the personality confusion has severely hamper the independence of corporate personality and limited liability value realization, serious damage to the interests of creditors and other stakeholders, and social and public interests, greatly hindered the virtuous circle and sustainable development of the economy as a whole.So, clarify the personality confusion, produced by perfecting the company personality denial system, and flexible use of it in the judicial practice in our country, to safeguard legitimate rights and interests of creditors, maintain the fair order of the market trade is extremely profound legal significance and social value, which study this topic also has the important theory and practical meaning.Based on the four levels, the first emphasizes the company personality mix of intrinsic properties, harmful to the society and the problems in the judicial practice. In chapter two is the analysis of personality confusion in the judicial practice of circumstances and standards. In the third chapter illustrates the personality confusion case applicable law basis and restrictions apply. In the fourth chapter to the personality confusion cases the burden of proof allocation and balance has carried on the deep discussion.