doctrine of corporate alter ego 公司人格否认原则；公司第二人格原则 根据这一原则，法院将无视公司的外在形式而直接追究其实质，将公司股东作为公司财产的真正所有人，或者作为利害关系中的真正当事人，以此作为阻止欺诈、矫正不法行为以及维护正义的必要手段。亦简作「doctrine of alter ego」或「alter ego」。 (→piercing the corporate veil)
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theory of pleading doctrine 〈美〉以诉答意旨为准的原则依该原则，不论原告、被告，均必须就其起诉或答辩的意旨提供证据，即使其提供的证据于其充分有利，但若与其诉答意旨不符，则仍将败诉。现代各法典及民事诉讼规则已取消了这种严格限制，允许当事人以证据为准，可以修正其诉答书状。
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independent-significance doctrine. Wills & estates. The principle that effect will be given to a testator’s disposition that is not done solely to avoid the requirements of a will. • An example is a will provision that gives the contents of the testator’s safe-deposit box to his niece. Because the safe-deposit box has utility (“significance”) independent
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Trademarks. The rule that, absent evidence to the contrary, the sale of an entire business carries with it and transfers to the purchaser any common-law marks used in that business without the need for a written assignment. • For marks registered under the Lanham Act or under some state registration schemes, a written assignment is
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doctrine of entireties (en-tI-[schwa]r-teez). In customs law, the rule that when an entry consists of parts that assemble to form an article different from any of the parts, the proper classification will be of the whole article, rather than the individual components.
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adverse-domination doctrine. The equitable principle that the statute of limitations on a breach-of-fiduciary-duty claim against officers and directors (esp. a corporation’s action against its own officers and directors) is tolled as long as a corporate plaintiff is controlled by the alleged wrongdoers. • The statute is tolled until a majority of the disinterested directors discover
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dual-capacity doctrine. The principle that makes an employer — who is normally shielded from tort liability by workers’-compensation laws — liable in tort to an employee if the employer and employee stand in a secondary relationship that confers independent obligations on the employer. Cf. DUAL-PURPOSE DOCTRINE . [Cases: Workers’ Compensation 2162.]
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culpa-in-contrahendo doctrine.[Law Latin “fault in contracting”] The principle that parties must act in good faith during preliminary contract negotiations; esp., the principle that a breach by the offeror after the offeree has begun performance of a unilateral contract and is stopped by the offeror before completion will give rise to liability in tort. [Cases: Contracts
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market-participant doctrine. The principle that, under the Commerce Clause, a state does not discriminate against interstate commerce by acting as a buyer or seller in the market, by operating a proprietary enterprise, or by subsidizing private business. • Under the Dormant Commerce Clause principle, the Commerce Clause — art. I, § 8, cl. 3 of
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after acquired title doctrine 财产转让后取得所有权原理该原理是指，如果与买方进行财产转让时，卖方尚未取得财产所有权，但其在此后取得财产所有权的，则该财产所有权自动为买方所享有。
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