公司人格与公司人格否认

公司人格独立原则实际运行过程中所引起的价值背离和利益失衡问题,导致了公司人格否认制度的产生。公司人格否认具有相对性,而且仅适用于实质上已经丧失独立人格的公司。公司人格否认制度不是对公司人格独立原则的否认,相反,是对公司人格独立原则的净化、补充和完善。

Separate Corporate Personality and Denial of Corporate Personality

The separate corporate personality is a principle of the law of corporations. But in real life, some shareholders abuse it, which leads to the unbalanced interests between shareholders and creditors. This is the cause of the appearance of the so-called "denial of corporate personality" (or "piercing the corporate veil" ) . Denial of corporate personality is relative and is only used on the occasion that a corporation has already lost its separate personality in fact. In general, denial of corporate personality is not the denial of the principle of separate corporate personality, but the complement of it.