Research On Director Of Creditors’Obligations

Creditor obligations study including directors to the third party is in limited liability arose at a certain stage of development, in this aspect research earlier in countries such as America, Germany, etc for creditor protection has also achieved some results. Although the regulation of our country in directors’ obligations to creditors have preliminary development, but there is no clear legal basis. This article attempts from the directors’ obligations to creditors of the basic theory, the necessity and legitimacy, to explore our country in the future to some legislative trend of the studies on the directors’ obligations to creditors. In this paper, apart from the introduction, the main body is divided into four chapters:The second chapter introduces the some basic theory of directors’ obligations to creditors, including directors’concept, relations with creditors, etc. The purpose is to lay the foundation for later research.The third chapter introduces the necessity and legitimacy of directors’ obligations to creditors. First draws on the theories of economics, such as corporate social responsibility theory, the interests balance theory, the fair value theory, expounds the director creditor assumes the obligations of some theoretical basis. And insufficient analysis of the creditor benefit protection from the existing law, this paper expounds the natural limited liability system ignored for protection of the creditors, thus discusses the director creditor assumes the obligations in the necessity and legitimacy in the eyes of the law. The fourth chapter focuses on the outside of the subject research including the extraterritorial legislation and jurisprudence. After years of development, some of the areas of company law more developed countries have rules about this. This article mainly introduced the United States, Britain, Japan, Germany and other countries of the relevant legislation, and analyses its point of difference, the hope can be the reference to our country legislation. The fifth chapter is build for the legislation of directors’ obligations to creditors in China. Firstly this chapter introduces the legislative situation in our country, and then from the legislation of the entity elements and the establishment of the litigation system is discussed in detail, and put forward their own legislative proposals. This article attempts through this a few parts of the writing, founding directors’ obligations to creditors’ legitimacy, necessity and theoretical bases, so as to demonstrate legislative tendency of directors to creditors assumes the obligations and legislative matters needing attention.