Piercing the Corporate Veil
aspects of legal doctrine, legislation and court practice
DOI:
https://doi.org/10.7251/GFP2414089PKeywords:
the principle of limited liability, abuse of a company, violation of principles of conscientiousness and honesty, piercing (lifting) the corporate veilAbstract
The subject of the research is the institute of commercial law, which is in the service of protecting the creditors of those companies whose members are liable up to the amount invested. We are talking about a kind of legal phenomenon called “piercing the corporate veil” or, as the legislator calls it, “abuse of legal entity” which, although it was legitimized three decades ago, is insufficiently processed in our legal theory, and only exceptionally applied in judicial practice, despite the fact that it is often the only means of protecting creditors against unscrupulous debtors. The decisive evidence in such disputes is financial forensic expertise. Aware that the scientific treatment of this institute will not automatically lead to its more frequent application, the author believes that it will still contribute to the raising of legal awareness, like Paracelsus’ saying: “The more knowledge is inherent in a thing, the greater the love” ... because power is in knowledge.
