Abstract

ZAPATA-FLOREZ, Jonathan. Complement to the theory of lifting the corporate veil in Colombia based on the principle of good faith and abuse of law. Entramado [online]. 2022, vol.18, n.2, e212.  Epub Oct 16, 2022. ISSN 1900-3803.  https://doi.org/10.18041/1900-3803/entramado.2.8517.

This article aims to complement the theory of the disregard of the legal entity defined by the highest Colombian courts with doctrinal reflections on the principles of good faith and abuse of law.The text presents the findings of a qualitative research with a dogmatic approach of specialized documentary technique, which allowed to identify and select landmark sentences in the period 1999-2019 that characterized the lifting of the corporate veil and allowed to identify and select doctrinal studies, with preference of the same period, which permit to consolidate the theory The search strategy began with the delimitation of variables for analysis based on the research project, which were subsequently used in the consultation and selection of legal research articles in specialized databases based on thematic, temporal, geographical, idiomatic and publication-type selection criteria. With the investigation it is concluded that it is not enough to mention the good faith and the abuse of the right in the processes of dismissal of the legal personality it is necessary to provide these principles with normative content to carry out a task of identifying unlawful acts in the context corporate law.

Keywords : Abuse of law; benefit of limitation of liability; good faith; corporate law; lifting of the corporate veil; legal personality.

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