The Examination And Obligation Of The Creditors In The Company's Hypothcation

The company's external hypothcation system has a long history and has its own reasons for its existence.The world's major countries and regions have experienced a period of denial and acceptance,and our country is no exception.In 1993,the company law the provisions of article 60 content will start the guaranty system of company in China to the forefront of disputes and highly anticipated in 2005,the company law article 16 has not only failed to relieve the from all walks of life to the guaranty system of company,the opposite situation increasingly showed the trend of escalation.Among them,there is fierce debate over the extent to which creditors in the company's foreign hypothcations system are subject to scrutiny.So far,academia and practice for the external hypothcations that creditors should undertake the obligation to review and review what obligations has no unified the answer.Some scholars believe that the company's internal behavior have no effect constraints outside of the other party,and slapped a creditors must be obliged to practice difficult,affecting both transaction efficiency and enthusiasm.But the scholars who argue that creditors should be obliged to accept the obligation of the creditors are basically the obligation of a law and the presumption of public knowledge.But they are divided on the sources of obligation: part of that obligation is "contract law" article 50 and the product of the combination of the "company law" article 16 get,others think that duty directly from the company law article 16 of the law.Even if there is a different source of neglect,there is a debate over censorship and substantive censorship.Except very few deny creditors have the obligation of review case,the supreme people's court processing company before,during,and after a law cases of external guarantees are usually quoted when the content of the "contract law" article 50,claims of creditors should undertake the obligation to review.But the idea of the content and scope of the creditors' censorship obligations is changing.Against such a chaotic situation,the author tried to jump out of the original mode of processing,through the analysis of the existing judicial path,think quoted "contract law" article 50 has certain drawbacks;Then,by the analysis of the normative quality of article 16 of the corporation law,the key points of the problem will be brought back to the law.Coupled with creditors must review obligation to conform to the law of development of economic activities and protect the interests of the company and creditors need,so that creditors should assume certain obligations.And specific obligation standard and contents of the author is mainly through the analysis of the case and the law that is consistent with his ability to censorship in the form of obligation is the optimal choice of the creditors' obligations.