Case Study On Legal Liability Dispute Of Actual Controller’s Abuse Of Control Rights

In recent years,the fact that the company’s actual controller damaged the company in the company’s field,the dispute between the interests of the crediter,causing the key concerns of the school and the judicial practice.At the specification level,in 2018,the company law of our country and relevant legal norms on the legal definition of actual control of people,the actual controller’s abuse of col,and the company’s creditor’s legal relief path under this situation,it is difficult to satisfy The actual control of the actual controller’s legal application of the actual controller of the emerging complicated control form in economic communication,and there is a serious standard supply.In the actual controller’s definition,it will not have a controlling status but shareholders with company control,exclude the scope of legal regulation;only refine the non-governmental information transaction,illegal guarantees,arrive,and account for people to be familiar known.Type;on the relief path,lack of clear vital specifications.In the academic level,there is also a big controversy for the aforementioned problems.Simplenica,different chemical studies,directly affected the judicial results of the cases in judicial practice,and there have been a large number of different judgments,and it is damaged judicial authority.In fact,for the conceptual definition of the actual controller,the actual controller’s limit should be canceled,and the actual controller should be judged using the standards of substantivism and dominance.For the actual type of actual controller’s abuse of control,in addition to the main types determined in the legislation,it should include personality mixing,over-domination and control,and have a significant capital significance.For the actual controller of abuse of control status,the company’s creditors can use the actual controller’s abuse of control responsibility to achieve rights relief,mainly including organizational method paths and non-organizational pathways.In the organization method path,in addition to the specific regulations,it can also be pursued through the company personality;in the non-organizational method,this issue can be solved by contract law and infringement rules.