Reform the Limited Liability of Multinational Corporation-the Enterprise Entity Doctrine and the Foreign Judgment Toward Global Risk

• Main Authors: Vincent, 黃文政
• Other Authors: LIN, YI-SHAN
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/33205031616400798531

碩士 === 國立臺北大學 === 法學系 === 94 === The purpose of this article is to clarify the distribution on liability between debtors and the corporate group concerning the new regulative objects, i.e. mass scale tort event resulted by Multinational Corporation using global production flow, and to realize the judgments that distribute respective liability by means of recognition and enforcement of foreign judgments in private international law. Reference of this thesis is based on the description of Multinational Corporation in accordance to sociology of U.K., U.S., and France. Afterward, in light of summarization of court judgments and legislative statues accumulated from last century, we conclude that how to distribute the liability of multinational corporations in event of mass scale tort. At last, to discover a new principle to recognize and enforce the foreign judgments rather than traditional reciprocal concern through discussion of the Brussels and Lugano Conventions, France and private international law in U.K., U.S., and the theories of second modernity and risk society in European sociological realm. Using law and society methodology, firstly we explore the objects to be regulated. Additionally, based on the interaction among law, sociology, history of law, and economics, we infer a practical mechanism on distribution and enforcement of liability. Stemmed from the discussion of globalization in U.K., U.S., Germany, and France, we will explore the origin of multinational corporations, global production chain, and discuss in depth the impact of globalization toward Taiwan, e.g. Trend Micro Inc. Moreover, to emphasize the limit of non-legal policy and importance of outside legal governance, we will reflect and rethink the market governance mechanism of democracy of shareholders and consumers and corporate social responsibility in legal field of U.K. and U.S. Pragmatically, we conclude a feasible doctrine to distribute the liability between corporate debtors and multinational corporations after analyzing and comparing the difference between “piercing the veil”, “enterprise entity”, and “Durchgriffslehren”. Also, rely on sociological discussion on globalization and risk society, we indicate that the limit of reciprocal recognition based on mutual benefit, and conclude a new doctrine to recognize and enforce foreign judgments in accordance to common risk.