The THEORY IN REVERSE AND HIS REFLEXES IN THE BUSINESS LAW AND FAMILY LAW
DOI:
https://doi.org/10.5433/2178-8189.2010v14n0p255Keywords:
Law negotiation, Business relationships, Theory in Reverse, Effectiveness of rights, Commercial Law and Family Law.Abstract
The contemporary State in Business, as well as in any kind of legal relationship, must be understood in the sense to enforce rights. The called "Theory in Reverse" of disregard of legal entity creates a legal breakthrough, an expectation of achieving issues hitherto forgotten or dormant, and it is currently deferred by the magistrate when there's simulation, fraud and/or abuse of rights by the partner. The principles are applied, even implicitly, in specific instances and they generate satisfactory opinions for business relationships, considering also the aspect of interpretation and discussion of preexisting rules. It investigates the real meaning of the "Theory in Reverse", its prospects in Commercial Law and Family Law.
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