Защита на кредиторите на дружеството с променлив капитал
Protection of the Creditors of the Company with Variable Capital

Author(s): Elislav Atanasov
Subject(s): Politics / Political Sciences, Politics, Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Political Theory, Economic policy, Politics and law, Sociology of Law, Commercial Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: company with variable capital; piercing the corporate veil
Summary/Abstract: This paper examines the legal instruments available to creditors for claims against a company with variable capital and more specifically the guarantee function of capital and the possibility of engaging in the personal liability of board members and controlling partners. A conclusion is made about the essence of penetrating liability as a special type of tortious liability, expressly provided for in the law to override the general rule that the company is independently liable for its obligations only with its own property.

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