Research On The Shareholder Invests Falsely To The Company Creditor's Civil Liability

Presently,when the company sets up,the phenomenon of the shareholder invests falsely is more prominent.The shareholder invests falsely the behavior serious damage company benefit,then has harmed other shareholders and the company creditor's benefit,lasted for company's health with the social economy order has created the holocaust stably.Our country "Law of corporation" had mainly stipulated the false investment's shareholder should undertake administrative responsibility,but,to its should undertake the civil liability,specially the civil liability which should undertake to the company creditors has made explicitly the stipulation.This does not favor in very much the judicial practice to the false investment shareholder civil liability investigation and to the creditor benefit protection.Therefore,the shareholder invests the civil liability which should undertake to the company creditors is this article main research content falsely.This article and profits from the foreign related legislation through the case analysis, proposed that the consummation law of corporation invests falsely in the shareholder to the company creditor's civil liability undertakes the way aspect legislative suggestion.The author thought:The creditor requested that the company discharge,the company cannot pay off,the creditor may rest on the generation of position power system to file the charge to the false investment shareholder,requested that it undertakes the supplement liability of compensation in the false investment's amount and the interest scope;The false investment serious damage creditor benefit,the creditor may rest on the law of corporation personality denial system investigation false investment shareholder's civil liability,requested that it undertakes the infinite joint and several liability to the corporate debt.The article is composed of the following several parts:The introduction introduced the research false investment civil liability theory and the practice significance.The first part introduced briefly this article quotes case and bone of contention.Through introduced that the case which invests falsely about the shareholder,draws out the case the bone of contention---shareholder falsely invests to the company creditors undertakes the supplement responsibility infinite joint and several liability. .The second part introduces and analyzes the case bone of contention the correlation theories and our country's related legislation practice.Introduced separately the abuse of authority said that the generation of position power mediated the law of corporation personality to deny,and has analyzed the civil liability type which the above three theories each should undertake;At the same time,but also introduced the overseas related legislation stipulates the responsibility which and chooses to undertake the type and our country's legislative practice.The third part of union correlation theories the case which quotes to this article carries on the evaluation,and carries on the choice and the comparison to the correlation theories.Used the abuse of authority saying that separately,the generation of position power mediated the law of corporation personality to deny said quoted the case to this article to carry on the evaluation,through three theory's comparisons,chose the company creditors to investigate the shareholder invested falsely the civil liability feasible way.Conclusion shareholder who is clear in the summary preamble's foundation the false investment civil liability type which and respective suitable condition should undertake to the creditor.