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逆向法人人格否认制度起源于美国,2005年《公司法》修改之后,我国已有涉及逆向法人人格否认的案件,也存在运用逆向否认思路解决问题的司法解释。但我国仍未将其纳入《公司法》,使得司法实践中出现此类案件时无明确依据。故本文主要从逆向法人人格否认制度在我国的案例进行分析,以期对该制度在我国的初步构想有所裨益。
The system of denying the personality of the reverse legal person originated in the United States. After the revision of the Company Law in 2005, there were cases concerning the denial of the personality of the reverse legal person in our country, and there was also a judicial interpretation of using reverse denial to solve the problem. However, our country has not yet incorporated it into the Company Law, so there is no clear basis for such cases in judicial practice. Therefore, this article mainly analyzes the case of the negative legal person personality denial system in our country with a view to the benefit of the initial concept of the system in our country.