Study on the Application of the Rules of Corporate Personality Denial

Abstract

The creation of the corporate system is a great invention, it gives the company with independent personality and shareholders with limited liability, stimulate the enthusiasm of investors, greatly promote the development of social economy. However, with the development of society, the use of legal person independent personality and limited liability of shareholders to avoid debt gradually increased, so the legal person personality denial system came into being, used to protect the legitimate rights and interests of creditors. The implementation of the legal personality denial system is always centred on two principles, namely, the principle of good faith and the principle of prohibiting the abuse of rights, the purpose is to protect the interests of creditors, mainly through the restriction of shareholders to abuse the rights of the shareholders to deny the abuse of the limited liability of the shareholders of the company's independent personality at the same time, but also to balance the interests of the shareholders of the company and the creditors.