Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil

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dc.contributor.authorCohen, Jacquien_ZA
dc.date.accessioned2014-07-30T18:11:58Z
dc.date.available2014-07-30T18:11:58Z
dc.date.issued2014-07-30
dc.description.abstractThis paper will focus on the limited liability of the company and one of the important exceptions to this rule: piercing the corporate veil. This paper reveals, after a detailed analysis, that the doctrine of piercing the corporate veil is inherently flawed. While accepting the necessity for such a doctrine in the context of a global market, this paper shows that its application in many jurisdictions, including South Africa, has proved to be problematic. The question that arises for consideration is whether the difficulties associated with piercing the corporate veil outweigh the obvious benefits of its existence. Put another way, does the doctrine, with all of its flaws, bring about sufficient benefits to justify its maintenance within the South African legal system, or are there in fact other remedies to assist those seeking to hold directors and members liable for the conduct of the company? This paper addresses these issues, and ultimately seeks to assess the prospects of the doctrine in respect of its permanence within the South African legal system.en_ZA
dc.identifier.apacitationCohen, J. (2014). <i>Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/4592en_ZA
dc.identifier.chicagocitationCohen, Jacqui. <i>"Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014. http://hdl.handle.net/11427/4592en_ZA
dc.identifier.citationCohen, J. 2014-07-30. Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Cohen, Jacqui AB - This paper will focus on the limited liability of the company and one of the important exceptions to this rule: piercing the corporate veil. This paper reveals, after a detailed analysis, that the doctrine of piercing the corporate veil is inherently flawed. While accepting the necessity for such a doctrine in the context of a global market, this paper shows that its application in many jurisdictions, including South Africa, has proved to be problematic. The question that arises for consideration is whether the difficulties associated with piercing the corporate veil outweigh the obvious benefits of its existence. Put another way, does the doctrine, with all of its flaws, bring about sufficient benefits to justify its maintenance within the South African legal system, or are there in fact other remedies to assist those seeking to hold directors and members liable for the conduct of the company? This paper addresses these issues, and ultimately seeks to assess the prospects of the doctrine in respect of its permanence within the South African legal system. DA - 2014-07-30 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil TI - Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil UR - http://hdl.handle.net/11427/4592 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4592
dc.identifier.vancouvercitationCohen J. Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4592en_ZA
dc.language.isoenen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleVeil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veilen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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