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Piercing the Corporate Veil - Selected Issues in International Comparison
Kostohryz, Milan
Milan Kostohryz Piercing the Corporate Veil - Selected Issues in International Comparison Abstract The main purpose of the thesis is to give recommendation for possible application of the piercing doctrine in the Czech Republic. Secondary purposes are (i) analysis of effects caused by disregarding the principles of limited liability and separate legal personality because of piercing and (ii) detailed description of approaches to the piercing issue in selected legal systems (USA, UK and Germany). The thesis starts with some terminological issues; it introduces the possible Czech equivalents of the notion "piercing the corporate veil" and explains that it can have slightly different meaning depending on the individual author. The differences stem especially from the questions whether piercing negates only the principle of limited liability or also the principle of separate personality; whether so called inner piercing (Innenhaftung) shall be part of the doctrine and whether the piercing doctrine shall be regarded as product of case-law only. Also some special forms of piercing (reverse piercing, lateral piercing and insider piercing) are introduced. The third chapter analyses the relationship between the piercing doctrine and the principles of limited liability and separate legal personality. In particular it...
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Corporate veil and its limits in the Czech Republic
Vorlíček, Antonín ; Eichlerová, Kateřina (advisor) ; Pelikán, Robert (referee)
Corporate veil and its limits in the Czech Republic This thesis deals with the corporate veil of a company and related legal institutes. Moreover, the thesis interprets instruments that can lead to responsibility or liability of shareholders for the company's obligations. The thesis identifies three model situations related to the corporate veil and the question of its possible pierce that are recognized by foreign legal systems. The first chapter of the thesis focuses on the description of basic Czech legal institutes connected to the corporate veil, which are the concept of legal person and its legal personality, classification of legal persons and separate ownership of a company and a shareholder. The end of the first chapter is focused on a description of corporate veil itself and foreign doctrine of piercing the corporate veil. The second chapter of the thesis describes instruments of Czech company and civil law which may result in piercing the corporate veil between the shareholder and the company. Shareholder's statutory liability, cases of business groups (influence, controlling, and concern) and other theoretical institutes that are potentially able to conclude delict liability of a shareholder for obligations of the company: principles of fair act, and prohibition of apparent abuse of a...
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Piercing the Corporate Veil - Selected Issues in International Comparison
Kostohryz, Milan ; Černá, Stanislava (advisor) ; Tomsa, Miloš (referee) ; Patěk, Daniel (referee)
Milan Kostohryz Piercing the Corporate Veil - Selected Issues in International Comparison Abstract The main purpose of the thesis is to give recommendation for possible application of the piercing doctrine in the Czech Republic. Secondary purposes are (i) analysis of effects caused by disregarding the principles of limited liability and separate legal personality because of piercing and (ii) detailed description of approaches to the piercing issue in selected legal systems (USA, UK and Germany). The thesis starts with some terminological issues; it introduces the possible Czech equivalents of the notion "piercing the corporate veil" and explains that it can have slightly different meaning depending on the individual author. The differences stem especially from the questions whether piercing negates only the principle of limited liability or also the principle of separate personality; whether so called inner piercing (Innenhaftung) shall be part of the doctrine and whether the piercing doctrine shall be regarded as product of case-law only. Also some special forms of piercing (reverse piercing, lateral piercing and insider piercing) are introduced. The third chapter analyses the relationship between the piercing doctrine and the principles of limited liability and separate legal personality. In particular it...
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