Gurumurthy, Amulya Anita and Paliwal, Nupur (2022) Lifting the mists of metaphor - piercing the corporate veil: A comparative assessment of Indian and Chinese legal practices. Indian Journal of Law and Legal Research, 3 (2). pp. 2492-2501. ISSN 2582-8878
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Abstract
This paper aims to provide a comparative perspective on the doctrine of piercing the corporate veil in India and China, with respect to the grounds invoked for piercing the veil, its application with regard to the categories of companies, the scope of parties allowed and parent-subsidiary company relations. The differences in the civil and common law systems of China and India indicate the prominence accorded to the statutory application of corporate veil doctrine in the former and judicial interpretation in the latter. The lack of the use of stare decisis or precedential value in Chinese courts indicates the need for a coherent judicial trend in the application of the doctrine, preventing reliance on clarifications by the apex court. On the other hand, Indian common law tradition confers greater flexibility upon the court to decide matters and shape future decisions. Thus, both jurisdictions require a balanced approach which involves the consolidation of clear legislative provisions concerning the grounds for piercing the veil and the standard for the same while leaving adequate space for application on a case-by-case basis.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Doctrine of piercing | Corporate veil doctrine |
| Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
| Divisions: | Jindal Global Law School |
| Depositing User: | Mr. Syed Anas |
| Date Deposited: | 06 Mar 2022 14:26 |
| Last Modified: | 07 Apr 2026 04:05 |
| Official URL: | https://doi-ds.org/doilink/01.2022-88729526/IJLLR/... |
| URI: | https://pure.jgu.edu.in/id/eprint/1505 |
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