REGULATORY LIMITS OF THE DISREGARD DOCTRINE IN THE JUDGEMENT EXECUTION

Abstract

The disregard doctrine theory constitutes an efficient tool to prevent illicit enrichment arising from the irregular use of legal personality. Being the disregard direct, inverse or among economic groups, it aims to prevent the opposition of the responsibility limits written on the social contract. The institute is processed as a third part intervention, and all those involved must be brought to the process. When the situation occurs during the judgement execution, there is the question of legitimacy. Those who did not appear on the cognition stage can not be responsible for the judgement execution. The decision of applying the disregard doctrine must be modulated to define which subjects will have legitimacy to participate in the enforcement stage.