კორპორაციული საფარველის გაჭოლვა, როგორც კრედიტორთა დაცვის საგამონაკლისო ღონისძიება და პასუხისმგებლობის შეზღუდვის პრინციპიდან გადახვევა

The principle of Piercing the Corporate Veil was developed by the Courts of the United States and represented the legal innovation, which had a great impact on the further development of the corporate law. Allowing the deprivation of limited liability by the courts was caused by the possibility of using the corporate form for fraudulent and misleading purposes. The law should not protect and encourage unlawful actions, and therefore the disregard of the corporate shielding is justified and is proportionate measure to eradicate injustice.
In spite of its aim, the issue of piercing the corporate veil requires a careful approach, because it limits the Limited Liability itself and in turn influences the decisions of the potential investors. Generally, the doctrine allows to held the partners and the shareholders personally liable for the debts of the corporation and therefore have both legal and economic effect.
The purpose of this work is to analyze the concept of Piercing the Corporate Veil and its influence on the corporate relations, also the determination of the basis for disregarding the Limited Liability. The expansion of this institution can generate risks for potential investors who are in the relations with the Limited Liability Corporations, for the reason of the corporate form and taking into consideration the fact that the scope of their liability is determined and the losses are predictable. However, on the other hand, for the development of the economic relations and the market, its important to provide the creditors and third parties, who are in legal relations with the corporation, with an effective measures of protection when the corporation is unable to perform their requirements. It is also important that the actions of the shareholders and the partners must be directly linked to the damages for creditors.