ABSTRACT

The piercing of the corporate veil has its rationale in the concept of fraud, which is a concept that some jurisdictions have framed through traditional legal concepts and principles. As a consequence, different mechanisms have been developed to deal with corporate personality issues. Certainly, in principle the different mechanisms to deal with the corporate personality share the same objective, which is to expose wrongdoers by disregarding the corporate personality. However, in some of the cited jurisdictions the wrongdoers are punished without affecting the corporate entity. As can be observed in previous chapters, some mechanisms do not necessarily disregard the corporate entity; rather, the wrongdoers are punished without affecting the integrity of the corporate personality. In this book, the variation on the means to achieve the objective is addressed as the sledgehammer and the backdoor approach.