posted on 2023-02-21, 18:45authored byFranco Jombo
This my Postgraduate LL.M studies by research focusing on the concept ‘Separate Legal Personality’ of a company’. It is a Company Law topic. The Thesis explores and analyses the creation of ‘Separate Legal Personality’ of companies and the ‘Disregarding’ of same in Ireland, United States of America (Delaware) and Nigeria in the 21st Century.
The researcher was motivated to research on ‘Separate Legal Personality’ of a company when he realised the inconsistencies and controversies surrounding the topic since 1897 when the topic’s pioneer case Salomon v Salmon & Co. Ltd 1897 AC 22 was overturned by the United Kingdom House of Lords (HL). Also, the Researcher realised that there are comparative exceptions in the Disregarding of ‘Separate Legal Personality’ of a Company still exist in Ireland, United States of America and Nigeria.
The researcher utilised the Qualitative Research Approach Method and Case Studies which were researched from multiple sources, including Law Books and Legal Journal Articles. The ‘Separate Legal Personality’ of a Company is a significant and household concept in Company Law, therefore figuring out the comparative exceptions which still exist in the aforestated jurisdictions seems to be a worthwhile research. This, I believe would enable the legislators to harmonise and update laws for ‘Separate Legal Personality’ of a Company in the 21st Century as there has been no proactive measures to abolish these inconsistencies and controversies.