The exceptions of the corporate entity doctrine: Starting from "piercing the corporate veil"
Date Issued
2012
Date
2012
Author(s)
Lin, Ching-Chun
Abstract
The corporate entity doctrine and the principle of limited liability are the fundamentals of build up the modern type of company. The misusing of the above principles will do harm to the creditors of the company and accordingly the theory of piercing the corporate veil is developed in the west law to correct the unfair outcome caused ex post facto. However, the categorized conditions which stemmed from the cases and the theories of the United States are always regarded as abstract, unpredictable and without consistent standard. Although the theory of piercing the corporate veil is not good enough to overcome the said shortcomings, it still provides an effective way to solve the issue arising from the misusing of the corporate entity doctrine and the principle of limited liability.
Besides, this thesis tries to treat the issue-“The exceptions of the corporate entity doctrine”- in a way not limited to the framework as provided in other articles. Other systems with regard to “the exceptions of the corporate entity doctrine” will be included, such as the theory of enterprise liability, reverse veil piercing, pass-through voting, double derivative suit, pass-through execution of shareholders'' inspection rights and fiduciary duty, which will refer the doctrine and relevant cases from American for further discussion.
At last, this thesis will base on the said systems to make the suggestions that if it’s required to import or to legislate for such systems in Taiwan.
Subjects
the corporate entity doctrine
limited liability
piercing the corporate veil
the theory of enterprise liability
reverse veil piercing
pass-through voting
double derivative suit
fiduciary duty
Type
thesis
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