On The Obligations Of Company Directors To Creditors

The directors of the company bear the relevant obligations to the creditors,but in real life,there are often acts of dereliction or infringement.How to make clear the obligations of the directors to the creditors and ensure the corresponding rights and interests of the creditors is the focus of this paper.The first chapter mainly introduces the definition of directors and the corresponding qualifications,demonstrates the importance of qualified directors by examples,lists the obligations of directors in England,France and Germany,and draws reasonable points from them,so as to provide reference for the protection of creditors' rights and interests in China.The second chapter of the article mainly expounds why directors should undertake obligations to creditors and where is the practical significance of undertaking obligations? What specific obligations a director needs to undertake,how to understand and implement each specific obligation,and to what extent to ensure that a director can fulfill his duties and guarantee the interests of creditors.And through the actual case analysis,highlight the important obligations of honesty and diligence.The third chapter mainly introduces the corresponding legal liability brought by the director's breach of relevant obligations,analyzes the process of the director's infringement,analyzes the constituent elements and damage results,and then proposes the creditor representative litigation system to improve the protection of creditors.This paper discusses the obligations of the creditors through the company directors,analyzes the laws and treatment methods of the United Kingdom,Germany,Japan and other countries from the horizontal comparison,and combs the shortcomings of the obligations of the company directors to the creditors in China.The article constructs the rules of the content of the obligation and the liability for the breach of the obligation,so as to perfect the regulation of the obligations of the directors of our company to the creditors,so as to better protect the interests of the creditors.