Post by firoj2525 on Mar 8, 2024 23:25:04 GMT -5
Llegal personality and direct impact of the partners' assets to occur, or the opposite depending on the case, it is necessary to duly prove the occurrence of fraudulent acts that were committed with the intention of harming creditors. According to article 50 of the Civil Code, in the case of abuse of legal personality, characterized by misuse of purpose, or confusion of assets, the judge may decide, at the request of the party to intervene in the process, that the effects of certain and determined relationships of obligations are extended to the private assets of the administrators or partners of the legal entity.
n the aforementioned article 50 of the Civil Code, we see two possibilities for disregard: misuse of purpose and property confusion. Deviation of purpose : Deviation of purpose occurs in cases where the company is used for a purpose other than that for which it EL Salvador Mobile Number List was founded, through acts of fraud carried out by the partners to the detriment of third parties. Asset confusion : In general terms, asset confusion occurs when there is a mix between the company's cashiers and the partners' private cash, that is, it is the inappropriate and unexplained movement between the partner's bank accounts and the legal entity's account.
Confusion of assets between controller and controlled company is, therefore, the fundamental criterion for disregarding the legal personalitMinor theory Consumer Protection Code The dise to the fact that the Minor Theory, aiming to protect low-income consumers, adopted a procedure in which the mere default, obstruction or difficulty in compliance and abuse of rights in the face of the consumer, committed by the supplier, is already sufficient motivation for the legal personality is duly removed and the partners are jointly and severally liable for the debt in question. Labor relations After the labor reform, the labor process now has specific regulations on the incident of disregarding the legal personality, currently provided for in article 855-A of the CLT.
n the aforementioned article 50 of the Civil Code, we see two possibilities for disregard: misuse of purpose and property confusion. Deviation of purpose : Deviation of purpose occurs in cases where the company is used for a purpose other than that for which it EL Salvador Mobile Number List was founded, through acts of fraud carried out by the partners to the detriment of third parties. Asset confusion : In general terms, asset confusion occurs when there is a mix between the company's cashiers and the partners' private cash, that is, it is the inappropriate and unexplained movement between the partner's bank accounts and the legal entity's account.
Confusion of assets between controller and controlled company is, therefore, the fundamental criterion for disregarding the legal personalitMinor theory Consumer Protection Code The dise to the fact that the Minor Theory, aiming to protect low-income consumers, adopted a procedure in which the mere default, obstruction or difficulty in compliance and abuse of rights in the face of the consumer, committed by the supplier, is already sufficient motivation for the legal personality is duly removed and the partners are jointly and severally liable for the debt in question. Labor relations After the labor reform, the labor process now has specific regulations on the incident of disregarding the legal personality, currently provided for in article 855-A of the CLT.