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《Journal of Anhui Normal University(Hum.& Soc.Sci.)》 2009-03
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Perspecting the disregard of corporate personality from the group's behavior logic

GAO Yong-zhou(School of Politics and law,Anhui Normal University,Wuhu Anhui 241003,China)  
Abusiveness the corporate personality by the shareholders is an inevitable result in the condition of group behavior logic.Inner contracts in regular and logical construction exist in legal clause(Article 20) in Company Law of PRC because of no consistence in group behavior logic.The principle of company law that the power of decision resides in those who control most of the share has decided the fact that shareholders make use of General meeting of shareholders and control the Board of directors to abuse corporate personali-ty and then make harm to creditor,this should be the shareholders' legal responsibility.In this article,the author desighs a legal procedure in which creditor can prosecute both the shareholders and the company,and then the company's responsibility can be exempted by using the disregard of corporate personality as a de-fence factor.
【Fund】: 安徽省教育厅人文社科项目(2008jqw032)
【CateGory Index】: D922.291.91
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【Citations】
Chinese Journal Full-text Database 1 Hits
1 Meng Qinguo & Zhang Suhua;The Doctrine of Disregarding of Corporate Legal Person Status and Shareholder's Limited Liability[J];Chinese Legal Science;2004-03
【Secondary Citations】
Chinese Journal Full-text Database 1 Hits
1 Guo Sheng-xuan;The Denial of A Company's Personality[J];LAW SCIENCE (JOURNAL OF NORTHWEST INSTITUTE OF POLITICAL SCIENCE AND LAW);2000-03
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