BUSINESS ASSOCIATION TYPOLOGY AND THE PIERCING THE CORPORATE VEIL

Abstract

The personality of the legal entity is a legal artifice developed with the objective to facilitate the exercise of its activities, distinguishing from its partners and administrators. The sphere of rights, duties and patrimony of the legal entity with theirs is not confounded. However, there are situations that the legal order allows the piercing the corporate veil, consubstantiated in hypotheses of abusive use of the legal entity. The present study aims to analyse how the Brazilian Court applies the piercing the corporate veil in the main business associations, in the civil and work sphere and from the standpoint of the legislative procedure changes promoted by the Civil Procedure Code of 2015. The authors will analyse the institute from its sanctioning character and from the need of effective satisfaction of the obligation, concluding on the exceptionality of the measure and on the indispensability of the verification of an irregular practice in each case to, only then, apply the piercing the corporate veil for the purpose of reach the patrimony of the partner or the entity administrator.

Keywords

• piercing the corporate veil
• joint-stock company
• limited society
• general partnership and limited partnership
• new civil procedure code