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Studies On Separately Filed Litigation Of Denying Corporate Personality

Posted on:2017-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y C ZhaoFull Text:PDF
GTID:2336330488472504Subject:Procedural Law
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In judicial practice, the company shareholders or actual controller abuse corporate personality, to avoid the performance of the company’s debt behavior, which has hidden. The creditors of the company cannot find the behavior that evade enforcement and abuse corporate personality. In this condition, accuser cannot be in the proceedings with the company advocated disregard of corporate personality, but only to take abusing of corporate personality of the company as a defendant. When the accuser wins and plea the court for compulsory execution, he find that the company’s assets have been transferred to the defendant at this time, the company’s creditors to obtain debt interests cannot be achieved. Due to the restrictions of the name the implementation of effective judgment, the company’s creditors cannot directly be held responsible for the abuse of corporate personality of the person. So, how to make the judgment of winning a reality is a problem.Basing on cross analysis of substantive law and procedural law perspective, this article explores the problems in the theory and practice in this situation from the perspective of the civil procedure law, which reveals a lawsuit based on fault did not lift the corporate personality denial system, and show how to assure creditors’ rights and interests. And basing on the basic theory of civil litigation, this article establishes damage to the company creditors to separately in the form of litigation relief, the responsibility of corporate personality abuse appended. Through discussing special legal personality disregard litigation in the way of nature, scope, requirements and procedures, and relates to the res judicata expansion problems, this article solves the practice of this kind of problem, and provide theory and practice guidance.This paper is divided into four parts, about 30000 words.The first part, separately bring overview of the disregard of corporate personality of litigation. This part separately bring around the disregard of corporate personality litigation is what started. Based on the file of disregard of corporate personality litigation, study the nature and characteristics of, to be brought to the disregard of corporate personality lawsuit general definition.The second part, it discusses necessity in reality of litigation the disregard of corporate personality. Through the analysis of litigation to of corporate personality of denial and overview for solve the problem of the path difference, this part discusses the comparative analysis to realize the interests for creditors of the two relief path advantages and disadvantages, and then establishes another filed a legal personality of litigation as a realization of the interests of the creditors of the company relief path existence necessity.The third part, filed a separate lawsuit legal personality denial program construction. This part separately bring in regard to the disregard of corporate personality is different from the general class litigation legal personality that appeals, carries on the discussion to be brought to the disregard of corporate personality litigants, jurisdiction, applicable conditions, in order to solve the file of disregard of corporate personality litigation as appropriate relief methods how to specific implementation issues.The fourth part, it discusses further proceedings and judgment of the disregard of corporate personality expansion. The disregard of corporate personality litigation aims to realize creditor’s rights, which relates to the judgment whether the effect of the expansion of the. Combining the basic theory of civil law, this part analyze the application of disregard of corporate personality, and whether the judgment effect can achieve the expansion, and how to realize it.
Keywords/Search Tags:disregard of corporate personality, separate litigation, Litigation Department, procedural guarantee, res judicata, execution
PDF Full Text Request
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