On The Mixed Property Of Personality Denial In Corporate Law

The system of corporate legal personality denial is the legal system to provide sufficient external liquidation assets for the legal creditors of the company,and the direct source of solvency is the property controlled by the company independently.The clever application of asset division theory makes the separation and independence of company property and shareholder property.For a company," no property is no personality ",so property independence is a necessary element of corporate legal personality independence.The summary of the civil and commercial trial meeting of the National Court of Justice in2019 put forward the most fundamental criterion to judge whether there is a mixture of corporate law personality and shareholder personality is whether the company has independent meaning and independent property,which makes the property amalgamation deny the company law personality factors stand out and become an important judgment factor.The division of assets is the property basis and necessary condition for the independence of corporate legal personality.The phenomenon of property mixing is a serious deviation from the theory of asset division,and its legal implication mainly refers to the serious mixing of company property with shareholders’ personal property and related company property,resulting in irreversible situation,which makes the property boundary between independent subjects indistinguishable and arbitrarily occupied and transferred between each other.At the same time,it is the most important to judge whether the company has property mix.First of all,the appropriate subject that can engage in property mixing behavior should be the shareholders who can manipulate the operation of the company and have the actual control ability as well as the affiliated company;secondly,the behavior elements show that the mixed behavior should be continuous in time rather than transient to produce the mixed behavior.The range of mixed assets should be the bulk of assets rather than the trivial fraction.Finally,the result requires the shareholder property mixedbehavior to produce the serious result,namely causes the company to lose the solvency,is unfavorable to the creditor protection.Justice in the mix of property In application,combined with the typical cases in domestic and foreign trial practice,the most common cases of judicial application are summarized and sorted out: the mixing of fixed assets,the daily profit income of the company and the property of shareholders,the mixing of operating accounts and the mixing of the funds used by affiliated companies.Through the summary of the legal implication of property mixing and combing the constituent elements and common judicial application,this paper forms a relatively detailed identification standard about property mixing.