Confusion of Personality and Disregard of Legal Personality——Comment on No. 15 of Cases Summary by the Supreme Court

No.15 of Cases Summary by the Supreme Court has adopted the stance that disregard of legal personality should be prudently appliedand strictly determined,which nevertheless has three shortcomings. Firstly,the argumentation for constitution of personality confusion is improperly emphasized while the reason why personality confusion would gravely impair the creditor lacks proof and argumentation,which would cause negative effects that the court tends to easily disregard legal personality. Secondly,the referential applicationof Paragraph 3 under Article 20 of the Corporate Law does not satisfy requirements of analogy application. Thirdly,it lacks rationale and feasibility to determine theaffiliated corporatesashorizontal personality confusionand further as restricted condition for disregarding legal personality.