Comment On The Execution Case Of Maoren Co.,Ltd.v.qing Manrui Co.,ltd.

The legal personality denial system has its origin,development and maturity in European and American countries.Compared with our country,our legal personality denial system started late and is too principled in terms of laws and regulations.Many questions.At present,there are only provisions on the one-person limited liability company legal personality denial system,and related legal provisions and judicial interpretations of the husband and wife company legal personality denial system.On the basis of case analysis,this article discusses and analyzes the reasons based on the common problems in practice and the theoretical knowledge.Put forward ideas on how to apply the legal personality denial system of husband and wife companies in China and the issues that need attention.In addition to the introduction,this article includes three parts:The first part is a brief introduction to the case.This article mainly introduces the basic facts,judgments,and two points of contention of Wuhan Maoren Clothing Co.,Ltd.v.Jiangxi Qingmanrui Clothing Co.,Ltd.The second part focuses on whether the first controversial focus is whether the husband and wife company is a one-person company in the substantial sense.Firstly,it expounds the identification of husband-and-wife companies in judicial practice and the handling of this case;secondly,it analyzes the necessity and applicable elements of applying a corporate personality denial system for husband-and-wife companies;finally,it mainly focuses on the high one-person company denial rate,The application of Articles 20 and 63 of the Company Law and the distribution of the burden of proof in Article 63 of the Company Law introduced the status of judicial practice and related legal provisions.The third part is the second focus of the dispute in this case,namely,whether husband and wife shareholders should bear joint and several liability for the debts of the husband and wife company.This article expounds the inevitability of husband and wife shareholders to bear joint and several liability for husband and wifecompanies from the following two perspectives.The first is that when the property of a husband and wife company is mixed with the personal property of the shareholders,the company’s property loses independence;the second is the analysis of the necessity of joint and several shareholders’ liability for the company’s debt from the perspective of family agency rights.Finally,it discusses the types of joint and several responsibilities that husband and wife shareholders should bear during the marriage relationship and when they divorce.