CIVIL LAW AND THE DISREGARD OF THE LEGAL PERSONALITY OF COMPANIES LTDA

This paper will address the importance that the legal person has the right to and for society, the legal system itself has instruments to protect such institute, correcting fraud and abuse in its exercise. Through the theory of piercing the corporate veil, the distinctive personality and patrimonial...

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Bibliographic Details
Main Authors: L. H. T. Macarenhas, S. F. S. Félix Moraes, V. Guerreiro
Format: Article
Language:English
Published: Universidade Federal de Rondonópolis 2016-07-01
Series:Scientific Electronic Archives
Subjects:
Online Access:http://www.seasinop.com.br/revista/index.php?journal=SEA&page=article&op=view&path%5B%5D=346&path%5B%5D=pdf_1
Description
Summary:This paper will address the importance that the legal person has the right to and for society, the legal system itself has instruments to protect such institute, correcting fraud and abuse in its exercise. Through the theory of piercing the corporate veil, the distinctive personality and patrimonial autonomy are removed temporarily, making partners and managers are held accountable, as if the entity does not exist. The integration of theory disregard the Civil Code of 2002 is not about real innovation, because its application was already a reality in the Brazilian courts, even if the regulatory provisions dealing hitherto disregard of the doctrine were so confused and often sometimes even erroneous.
ISSN:2316-9281
2316-9281