公司法人格否认的司法适用研究民商法专业论文.docxVIP

1 1 2 2 Abstract Company law personality denial system, it is to point to in order to avoid company shareholders abusing independent company personality and protect the company creditors interests and social public interests, in specific circumstances and cases denied the company legal person independent personality and limited liability of the shareholders, the shareholders of a company requirements for the debts of the corporation shall be jointly and severally liable a kind of system, it is in the modern company system after produce gradually developed to the company system a correction. The system of disregard of the company law basic principle and method, has been widely for the common law countries and the mainland legal system countries have confirmed, and in the judicial practice for use. This article through to the two law systems of several main countries that the United States of America, Britain, Germany, Japan the law of corporation personality denial system are simply introduced, about its historical origin, briefly analyzes its theoretical and practical point of view and practice, thus draws the countries of two important legal systems in the company law on the system of disregard of some common features. After that, the company law of our country introduced the system of disregard of the law origin and basis, summarized the application of disregard of the company law of our country in three situations: the company capital significant deficiencies or smoke escape capital, abuse of control and management confusion, and analyzes the various applicable situation meaning and applicable method. In this part also to our country company law personality denied components are discussed, think must have object factor, the behavior factor and objective requirement. In this paper the situation of Chinese and foreign, after the judicial our time of several focus problems are discussed in this paper, first of all should expand the company put forward about personal