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Piercing The Corporate Veil: A Comprehensive Analysis Of Legal Principles, Judicial Applications, And Contemporary Challenges




Megha Juneja, BA LLB, Gitarattan International Business School, GGSIPU


ABSTRACT


The doctrine of piercing the corporate veil represents one of the most complex and controversial areas of corporate law, challenging the fundamental principle of limited liability that forms the cornerstone of modern business organization. This comprehensive analysis examines the historical development, theoretical foundations, and practical applications of veil-piercing doctrine across various jurisdictions. Through examination of landmark cases, statutory frameworks, and evolving judicial standards, this research explores the delicate balance courts must strike between protecting legitimate business interests and preventing abuse of the corporate form. The study analyzes both traditional grounds for veil piercing, such as undercapitalization and commingling of assets, and emerging considerations including environmental liability and international corporate structures. The analysis reveals significant inconsistencies in judicial application and highlights the need for more coherent legal standards. The paper concludes that while piercing the corporate veil serves important functions in preventing fraud and ensuring accountability, the doctrine requires substantial reform to provide greater predictability and consistency in its application.


Keywords: corporate veil, limited liability, corporate law, fiduciary duty, fraud, undercapitalization, alter ego doctrine.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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