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《Science of Law(Journal of Northwest University of Political Science and Law)》 2018-04
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The judicial personality denies the legitimacy of the system: The legislation of “general principles of civil law” and “legal person seal”

Xue Bo;  
"The general civil law"the 83 th paragraph 2 for-profit corporate sponsor abusing independent legal person status and the investor co.,LTD.,to avoid debt,serious damage to the interests of the creditors,shall be jointly and severally liable to the corporate debt. The article is the "following"and "inherited"of article 20 of the company law. From the historical origin,such as the extraterritorial legislation,system applies,the judicial application perspective,the company law personality denial in the company law is a"very special"case law system,is only a supplement to the limited liability and independent company personality and perfect. The personality denial system of the company and the private law of the general principles of civil law are incompatible with the function of "systemization"and"scientization". Chapter "the general civil law""legal person"in the structure of articles using the "copy"the practice of the company law standard,may is a barrier to the company law system innovation,will also cause conflict in specification applies.
【Fund】: 教育部青年基金项目(17YJC820019)“大数据驱动下的法治系统工程创新路径研究”
【CateGory Index】: D922.291.91
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