Aukhatov, Adel Durchgriffs- und Existenzvernichtungshaftung im deutschen und russischen Sach- und Kollisionsrecht |
Adel AukhatovDurchgriffs- und Existenzvernichtungshaftung im deutschen und russischen Sach- und Kollisionsrecht[Piercing the Corporate Veil and Liability in Existence-Destroying Intervention in German and Russian Substantive Law and Conflict of Laws.]Published in German. As a result of the incorporation theory, national legal systems are being asked to provide domestic creditors adequate protection, the loss of which is threatened by the use of pseudo-foreign companies. If a foreign corporation is bankrupt, it could be worth considering whether or not its partners are personally liable for the obligations of this company in spite of the limitation on liability. On the basis of comparative law, Adel Aukhatov analyzes the basis of the problem of piercing the corporate veil and liability in existence-destroying intervention in substantive law and conflict of law as well as approaches to a solution in Germany and Russia.In doing so, he questions whether domestic legal instruments of piercing the corporate veil and liability in existence-destroying intervention can be applied to foreign corporations with their administrative center in the country and how these can be applied in accordance with the conflict of laws and with European law. |