THE PIERCING OF THE CORPORATE VEIL INVERSE LINKED TO THE BANKRUPTCY PROCEEDING

Abstract

This article analyzes the possibility of applying the reverse piercing of the corporate veil in bankruptcy proceedings, with emphasis on situations in which partners transfer personal assets to the business company to hide them from private creditors. Using a legal-dogmatic methodology, the work distinguishes obligation and responsibility to carry out the investigation on the basis that the credit does not originate from the bankrupt company, but from an unlawful act of the partner. The proposal aims to contribute to the doctrinal construction on the subject, reinforcing the protection of creditors in the face of corporate abuses and promoting the coherence of the bankruptcy system with the principles of good faith, the company's social function and par conditio creditorum.