Research On The Outsider Reverse Disregard Of Corporate Personality

The outsider reverse disregard of corporate personality is a theoretical extension of the corporate personality system,but there is no room for it in the current law.Due to the complexity of social and economic situation,shareholders abuse corporate personality to evade their own obligations,and shareholders’ creditors often find it difficult to obtain corresponding protection because of the company’s independent personality.Through the examination of the cases,this article finds that there have been a large number of demands for reverse disregard of corporate personality in judicial practice,and the number is still on the rise.However,in specific case judgments,the judgments between the courts are not the same.Most courts do not support reverse disregard because the current law does not recognize it.Even in the cases that judgments supporting reverse disregard,there are arguments and legal provisions in courts’ held.In order to solve the above problems,this article starts from the current domestic corporate personality and creditor protection system,and refers to the "Inverse Method " and "Equitable Results" Approach of the reverse piercing of the corporate veil system in the United States and the determination methods of different courts in the jurisprudence.The construction of this system can be considered from three aspects: subject,behavior,and result.And it is also necessary to consider reasonable protection of bona fide shareholders and company creditors when using this system.In the construction of the specific system,it can be based on legislation and combined with judicial interpretation.And guiding cases to promote the implementation of this system,and to provide reference for the construction and application of the outsider reverse disregard of corporate personality theory.The first chapter starts from the existing 109 cases,including macro data,case details and judges’ opinion,trying to clarify the current situation of such cases and the attitude of the courts;Chapter Two provides a brief conceptual definition of the outsidetype reverse disregard of corporate personality,and analyzes the practical needs of this system;Chapter Three combines the historical development of the theory and system of reverse piercing the corporate veil in the United States,and thus concludes the construction and application of this system to China.The fourth chapter specifically elaborates the construction of the substantive rules of the company’s personality reversal degree,and puts forward my own opinions on how to adjust the existing company’s personality degree.