Disregard of Legal Entity

Abstract

The legal personality of commercial companies have been created with the purpose of encouraging entrepreneurial initiative of a private nature, in designing the separation of the staff member s s heritage, d the commercial company, distinct entity that s b and m as the distinction of the legal personality of the person s s s partner's face the legal person (commercial company).The piercing the corporate veil according to Professor de Abreu Coutinho, see the individual (partner (s)) a close link with society. [7] The advancement and plausos to piercing the corporate veil is, in our view , among other things we will touch upon this study, a demonstration of setbacks or at least an appeal to review some legal institutes for many years underpinned the Law [8] ; this being the reason that motivated us to develop the present theme. It is therefore questionable whether or not traditional law is still at the forefront.The institute of " disregard " still shows itself to be far from reaching consensus on doctrine, visible in the diverging streams related to its implementation [9] .We will therefore present the general aspects of the issue, respecting what the pro Pósito has been said by the authors of the area and in a special way to present some problems that the application of the disregard of the Institute of legal personality of commercial companies raises, this is the goal .We believe that the arrangements under corporate law associated with the Instituteabuse of right in civil law, it would be enough m to solve problems that did arouse piercing the corporate veil.We will, of course, deal only with the lack of consideration in the field of commercial companies, because it is where the debate has gained greater weight.

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“…Scholars reinforce this opinion by pointing to the fact that legal entities of private law, as well as legal entities of public law, can be established by administrative meansi.e., by the state or local authorities (Hannigan, 2016). It is argued that such a criterion for dividing legal entities is unable to clarify the difference between the two types of legal entities comprehensively and reasonably (Viagem, 2019). Some note that it is not necessary to define a specific criterion because legal entities under public and private law have much in common (Oglezneva, 2019).…”

“…Tjio (2021) considered legal entities under public law and their impact on the financial sector, in particular analysing how public entities contribute to the social and economic situation of the country. Finally, Viagem (2019) analysed the causes and consequences of violations of legal provisions by legal entities of public law.…”