El levantamiento del velo corporativo de las sociedades mercantiles en México, una acción procesal

The separation of the personality of mercantile societies is used in many occasions for the benefit of the partners and to the detriment of third parties, performing acts contrary to good faith and to the detriment of the company. The purpose of this research is to find solutions to the protect...

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Bibliographic Details
Main Author: Pérez Cázares, Martín Eduardo
Format: Article
Language:Spanish
Published: 2020
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7537656
Source:Jurídicas, ISSN 1794-2918, Vol. 17, Nº. 1, 2020, pags. 142-164
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Summary: The separation of the personality of mercantile societies is used in many occasions for the benefit of the partners and to the detriment of third parties, performing acts contrary to good faith and to the detriment of the company. The purpose of this research is to find solutions to the protectionist problem that this legal figure grants through the analytical and exegetical method. As a result it was found that the hoisting of the corporate veil has not been legislated in Mexico since its shelter still persists and it has been the doctrine based on two criteria: the abuse of the law and the fraud to the law, who have raised their voices to avoid frequent abuse of this privilege. In conclusion, there is a need to provide security to the creditors of these companies through duly legislated procedural actions by linking the natural person-legal person assets.