Liabilities Of A Shareholder With Partial Performance Of His Capital Contribution Obligation For The Company’s Creditors

The interests of time limit of subscribed capital contribution confront with the interest of the companies’ creditors after the contributed capital system changed to the subscription system,which reflected in cases.It is put forward if the companies’ creditors require the shareholders with partial performance of their capital contribution obligation to bear additional liabilities.Some judgments show that the time limit of subscribed capital contribution shall be accelerated to expiration under some condition upholding the claim made by a creditor of the company requiring the shareholder who has not fulfilled or fully fulfilled his capital contribution obligation to bear additional liabilities,to the extent of the principal and interest not contributed by him,for compensating the debts of the company that are unable to be repaid to protect the interest of the company’s creditor.But some judgments reject the claim.The article concentrates on whether the shareholder who has not fulfilled or fully fulfilled his capital contribution obligation should bear additional liabilities for compensating the debts of the company that are unable to be repaid in advance combining cases and theories under the subscription system.The article emphasizes the following content.The first part is to put up the question whether the foundation and the way of law applying exist when the shareholder who has not fulfilled or fully fulfilled his capital contribution obligation should bear liabilities for compensating the debts of the company under the subscription system through comparing.The second part is to state on the foundations of rights and duties and of liabilities when the shareholder who has not fulfilled or fully fulfilled his capital contribution obligation should bear liabilities for compensating the debts of the company under the subscription system.The third part is to state on the way of law applying when the shareholder who has not fulfilled or fully fulfilled his capital contribution obligation should bear liabilities for compensating the debts of the company under the subscription system.The fourth part is to bring some suggestions.