| A legal person, as a labor-division organization, is often in a situation of separation between knowledge and behavior. How to carry out knowledge attribution to the legal person, especially whether it can be determined by the collective knowledge attribution doctrine in such situation, has become an important issue in practice and theory. According to the principle of integrity inherent in the knowledge-based rules and legal person attribution rules, the collective knowledge attribution doctrine itself is not desirable. The knowledge attribution to a legal person under the separation situation essentially still relies on the determination of the reasonable liability scope of the legal person based on certain reasons. In this regard, both the organ theory and the equal treatment theory are fundamentally flawed. The knowledge responsibility theory is more appropriate as it bases knowledge attribution in the event of separation on the violation by the legal person of its own obligation to be an informed organization. However, as this theory essentially follows the idea of negligence liability, it has an inherent conflict with the knowledge-based rules that explicitly exclude “should know”. To apply this theory in such situation, it is necessary to take into consideration such factors as the scope, the negative legal consequences, the appropriateness of negligence liability, the predictability of the outcome and the judicial policy of the relevant knowledge-based rules. |
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