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A Study On The Application Of "Disregarding Of Corporate Personality" System

Posted on:2009-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2166360245464161Subject:International Law
Abstract/Summary:PDF Full Text Request
"Disregarding of Corporate Personality"System is initiated during judicial practice in America, and is gradually accepted by Britain, France, Germany, Japan and other countries."Disregarding of Corporate Personality"System was first adapted in China by NPC standing committee in the year of 2005, during the amendment of corporation law, which leads to the new era from theoretical research to judicial practice. But related regulation in the corporation law is too abstract and principle, thus lack of maneuverability, therefore, correspondent application issue for this system is worth our concerning.First of all, this paper analyses basic theoretical problems including its legal connotation,legal characteristics and value appeals, thus to lay a theoretical foundation for discussing its application in the following text. Secondly, this paper makes in-depth analysis regarding the application issue of this system, covering 5 aspects including the basic theory, substantial regulation, procedural regulation, a study on the typelization of application of this system and special issues we're confronted with in China. In conclusion, upon thorough analysis on the necessity of avoiding the abusing of this system and possibilities of abusing hereof in China, the paper has also brought forward countermeasures and suggestions against the abusing of this system.
Keywords/Search Tags:Disregarding of Corporate Personality, Value Appeals, the Principle of Application, Study on Typelization, Avoiding Abuse
PDF Full Text Request
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