In the second half of the 19th century the case Solomon v. Salomon & Co. Ltd established the fundamental principle of corporate law - the principle of independence of the company and the principle that the assets of the company are separated from the assets of its shareholders (»the Salomon principle«). This judgment has paved the way for the capitalism development and at the same time opened the door to possible abuses of legal subjectivity. As a counterweight to the Salomon principle, law formed a legal institute - disregard of legal personality. Despite the fact that this institute was introduced in Slovene legislation more than twenty years ago, in the case law the creditors have seldom succeded by enacting this legal institute. The process situation of the creditors is difficult due to the information asymmetry and the burden of proof. Too often we witness an abuse of legal personality, which is extremely difficult to prove, and results in the damage of the creditors. Frequent practice of Slovenian entrepreneurs is the so-called »company chaining«. The subject of the thesis is to present development of the limited liability principle, to analyze legislation regarding the legal institute disregard of legal personality and to present an amendment ZDG-1I, which addresses the issue related to »company chaining« by limiting establishment of companies.
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