Corporate Personality: The Unjust Foundation of English Company Law

Kluwer Labor Law Journal. Vol. 65 Issue 2, pp. 94-103, Summer 2014

11 Pages Posted: 16 Aug 2015

See all articles by Chrispas Nyombi

Chrispas Nyombi

Canterbury Christ Church University

David Justin Bakibinga

Makerere University

Date Written: 2014

Abstract

The foundations of company law are rooted in an unjust history cemented at the conclusion of the nineteenth century by the House of Lords in Salomon v. Salomon & Co., Ltd. Over a century after Salomon, courts remain reluctant to put limitations on corporate personality and are restricted to a narrow approach while systematically rejecting any wider approaches that may offer greater challenge to the corporate personality doctrine. This paper examines the motivations behind the decision in Salomon and its continued influence on legal development in company law.

Keywords: Salomon v Salomon, Lifting the Corporate Veil, Corporate Personality, Limited Liability

Suggested Citation

Nyombi, Chrispas and Bakibinga, David Justin, Corporate Personality: The Unjust Foundation of English Company Law (2014). Kluwer Labor Law Journal. Vol. 65 Issue 2, pp. 94-103, Summer 2014 , Available at SSRN: https://ssrn.com/abstract=2644765

Chrispas Nyombi (Contact Author)

Canterbury Christ Church University ( email )

United Kingdom

David Justin Bakibinga

Makerere University ( email )

P.O Box 7062
P.O BOX 7062
Kampala, CENTRAL 256
Uganda

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