论商法人有限责任有效性之限制

以商法人有限责任之有效性讨论替代传统"法人人格否认"或"揭开公司面纱"的讨论,把有限责任的有效性变换成为"法人设立的实质条件与法人享有有限责任权利之间的关系"和"法人以有限责任为基础,以破产程序永久解除自身债务负担的条件"的问题,从而对传统"法人人格否认理论"或"揭开公司面纱理论"所讨论的问题,进行全新角度、更为系统、更逻辑化的解释。

The Restriction to the Effectiveness of Limited Liability of Juridical Person in Mercantile Law

By replacing the issue to traditional theory of "denying juristic person" or "revealing company's veil" with the effectiveness of limited liability of juridical person in mercantile law,and by substituting "the relationship of substantial conditions that legal entities' creation should be satisfied and the right of limited liability that legal entities enjoy" and "the conditions that legal entities should be satisfied if they want to permanently dissolve their own debts based on limited liability in the light of bankrupt procedure" for the effectiveness of limited liability,the essay makes a more systematic and more logical interpretation from a brand-new angle to problems that are discussed by the traditional theory of "denying juristic person" or "revealing company's veil".