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Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil
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...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2014
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| _version_ | 1867613251155525632 |
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| access_status_str | Open Access |
| author | Cohen, Jacqui |
| author_browse | Cohen, Jacqui |
| author_facet | Cohen, Jacqui |
| author_sort | Cohen, Jacqui |
| collection | Thesis |
| description | 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. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4592 |
| institution | University of Cape Town (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:33:10.259Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/4592 Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil Cohen, Jacqui 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. 2014-07-30T18:11:58Z 2014-07-30T18:11:58Z 2014-07-30 Master Thesis Masters LLM http://hdl.handle.net/11427/4592 en application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Cohen, Jacqui Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil |
| thesis_degree_str | Master's |
| title | Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil |
| title_full | Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil |
| title_fullStr | Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil |
| title_full_unstemmed | Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil |
| title_short | Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil |
| title_sort | veil piercing a necessary evil a critical study on the doctrines of limited liability and piercing the corporate veil |
| url | http://hdl.handle.net/11427/4592 |
| work_keys_str_mv | AT cohenjacqui veilpiercinganecessaryevilacriticalstudyonthedoctrinesoflimitedliabilityandpiercingthecorporateveil |