On A Case About Confusion Personality Of Company Of Xinda Asset Management Company With Tailai Decoration Company Etc.

Creation of Company Corporate System is the most important innovation of modern commercial system,and independent company personality and limited liability for the company's shareholders are the two pieces of foundation.The company legal person is to rely on the above two cornerstones of be gathered an important force in social capital,and promote social progress.However,with the development of the social economy,a large number of limited use the independent company personality and limited liability for the company's shareholders principle to avoid debt.Company and shareholders and corporate personality mutual confuse became seriously,to a certain extent,,restricted the development of modern commerce.The need of established in line with the modern and commercial development of personality denial system is particularly urgent.In the communique released by the Supreme People's information described the merits of the case,the asset management company through the transfer of credit and debt, and achieved huge debts of a decoration company in Sichuan, and the company taken to court.In the court,the two sides had a tremendous difference about if the three companies are suite company personality denial.No clear laws and regulations on corporate personality confuse our identification criteria specified in same cases,and legislation has been confirmed from the company personality denial system context is useless legally binding part of the company's personality confusion.In this reason,construction company specific personality confused with the applicable standards of recognized standards and our company personality denial system is very important.The author tries to study and assess the case,reverse summed to whether the company's property and financial independence if freedom, corporate structure and awareness of both the company's independence and personality confuse determination,based on the principle of independence of corporate personality.By purposes of illustration and explanation of the personality confused expand the company should apply the "Company Law" provisions of Item 3, Article personality denial system was logical argument.We hope to provide some suggestions for improving the system of disregard of corporate personality.