The personality denial system!
In the modern civil law system, every company was an independent legal person with a legal " personality."
The legal basis of limited responsibility was here.
Of course.
Although the limited responsibility system was beneficial to the development of the market economy, it would also produce speculators like Huang Xingsheng.
For this reason, the law established the system of disregard of personality as a restriction on limited responsibility.
When the company's shareholders abused their limited responsibility to avoid debts and seriously damaged the interests of the shareholders.
Creditors can request to deny their personality!
The shareholders of the company will bear unlimited joint and several responsibilities!
However…
Many rules that looked good were not good when applied in reality.
The personality denial system had been established for many years, but it was rarely used!
There was once a year when all the courts in the country could not even pass a case of denial of personality!
In the end, it was extremely difficult to obtain evidence!
Denial of personality followed the principle of " whoever claims shall provide evidence ", and the burden of proof should be borne by the plaintiff!
Moreover, the requirements for evidence were extremely strict!
There must be direct evidence that the company's shareholders maliciously caused losses and evaded responsibility!
Otherwise, the court wouldn't approve of it.
The presiding judge stood on the podium and was stunned for a long time.
It had been years since he had handled a case of denial of personality.
He was even unfamiliar with this term.
His expression gradually turned serious.
" Plaintiff's lawyer, are you sure?"
"Very sure."
"Are you confident?"
Ye Xing smiled slightly,"I'm completely confident."”
The presiding judge closed his eyes as if he was struggling with something.
In the end.
He nodded heavily.
"The plaintiffs have submitted an application at the last minute, and this court will accept it.”
"The trial has once again entered the debate stage!”
"Objection!"
" You're right!" Yin Hong angrily knocked on the table." The court proceedings have already entered the judgment stage. How can we debate again?!"”
"This is against the rules!"
Yin Hong was terrified.
If it was any other lawyer who requested to deny his personality in court, he would probably laugh to death.
It was like seeing someone trying to kill someone with a toy gun.
Denial of personality?
Do you have any evidence?
There was only one type of evidence that could be accepted in court.
The account book!
Other than that, the defendant could easily brush off all the evidence with a sentence about personal business problems.
However…
Yin Hong looked at Ye Xing's confident face and felt extremely flustered.
The other lawyers couldn't get any evidence.
But what about Ye Xing?
The presiding judge smiled.
"Defendant's lawyer, you can file a complaint against me in court.”
"But now, I have the final say here.”
The presiding judge felt a chill run down his spine.
But this was not fear.
Instead, he was trembling with excitement!
It was as if he had returned to ten years ago, the youth who stood under the national flag and vowed to become the light of the country's rule of law!
In the ten years since he started working, he had been excited, sad, angry, and in pain.
He had even compromised.
The process of justice and the result of justice in the law was a process of constant compromise.
It was impossible to say whether it was right or wrong.
But today.
He would not compromise!
F * ck the procedure!
I want Huang Xingsheng dead today!
As an old red circle, Junhe had a lot of power in Beijing.
He could already imagine that if Ye Xing's application for denial of personality was groundless, he would definitely be complained and punished.
But that was not important anymore.
The plaintiffs 'lawyers were willing to fight for justice and make the last move against the darkness.
How could he not help!
Ye Xing stood up and said,"The plaintiffs request to submit evidence to the court."”
"Request approved."
Ye Xing took out a USB and handed it to the court clerk.
A folder appeared on the big screen above the court.
There was a video in the folder.
The mouse clicked open.
A face appeared in the video.
Huang Xingsheng's face!
He walked behind a desk, opened the safe, and took out a notebook.
"Lawyer Ye, this is the true financial situation of Shengheng Real Estate. You can browse through it at will.”
"However, you can't take it out of this room.”
At this point.
Everyone in the court sat up straight.
Lawyer Ye?
Was it the plaintiff's agent, Ye Xing?
As the defendant, why would Huang Xingsheng hand over the account book hidden in the safe to Ye Xing?
"Impossible…absolutely impossible…"
Huang Xingsheng's face was as pale as a sheet of gold paper. His entire body trembled as he lowered his head.
He and Ye Xing were the only ones in the office at that time.
Moreover, he was staring at him so closely that Ye Xing did not have the chance to take out his phone to record.
Then where did this video come from?
On the big screen, the video did not end there.
The account book was opened and faced the camera as it was flipped through page by page.
Not a single page was missed!
Although this video was taken secretly, the image was stable and the resolution was very high.
Therefore, the words on the account book were clear!
Ye Xing took out three documents from his briefcase.
"This is a text version that I have compiled based on the video footage and has been certified by the notary office.”
"In the video, the legal representative of the defendant, Mr. Huang Xingsheng, expressed his true intentions, and this video is true and effective. It does not violate public order and good customs, nor does it violate the prohibitions of the law!”
"According to the rules of the civil procedure law, this evidence is legal and has legal effect!”
His voice was loud and clear.
Yin Hong slumped on the chair, no longer having any thoughts of resisting.
Three documents were presented on the stage.
The presiding judge opened the document anxiously, almost sticking his face to the paper as he read it word by word.
His hands were trembling.
That's right!
This was the true financial situation of Shengheng Real Estate!
Every piece of data recorded how Huang Xingsheng transferred the company's assets and turned Shengheng Real Estate into an empty shell!
And how he used the method of holding on behalf of others to mortgage the land in the suburbs of the capital and control it under his name!
There was no more sufficient evidence than this!
The presiding judge clenched his fists, extremely excited.
With this evidence.
It could definitely be used to deny his personality!
He raised his head and said in a trembling voice," This court accepts the evidence of the plaintiff.”
"Regarding this new evidence, what is the plaintiff's request?”
Ye Xing stood up.
"According to this evidence, Huang Xingsheng had a serious subjective intention for the unfinished project of Yanxi Palace!”
"Therefore, we request…"
"Use personality denial on Huang Xingsheng!”
"Stop the protection of the limited responsibility system!”
" He needs to pay for all the losses, sufferings, and pain suffered by the 346 residents of the 167 households in Yanxi Huafu.”
"Bear…"
"Unlimited joint responsibility!"
This book comes from：m.funovel.com。