Study On The Civil Liability Of The Liquidation Obligor Of A Company

For a long time,the company the bankruptcy liquidation system is our country law system in the commercial is relatively weak link,and one of the obligatory responsibility of liquidation of specification has not been effective,but because of the continuous development of the market environment,as a result of the liquidation obligor system lack of market contradictions increasingly intensified,the legitimate interests of the company's foreign creditors were badly damaged,the good faith market be trample,based on this reason,from theory to practice law workers gradually realized the importance of the problem of responsibility of liquidation obligor.From the judicial interpretation of the company law ii in 2008 to the promulgation of the general provisions of the civil law in2017,China has gradually established a set of basic standard system for the liability of clearing agents,which stipulates the subjects,obligations and responsibilities of clearing agents.However,in the face of the rapidly growing and complex cases concerning the liability disputes of the liquidation obligor,it is obvious that the overly principled legal provisions are difficult to completely solve all the disputes.Because of this,this article based on the theory,focus on the practice,the text is divided into five chapters,the first two chapters of the liquidation obligor subject range and the civil liability liquidation obligor has carried on the theory discussion,in order to make theory foreshadowing for the later practice analysis,and clear the liquidation obligor civil liability liquidation liabilities only one,which contains supplementary liability and joint liability if two kinds of liability form.Thethird and fourth chapter respectively of the two kinds of judicial cognizance are discussed,in the form of liability mainly for there is no specific provision in the law but has a significant effect on the parties to the rights and obligations of proof and the fact that question discussion,through the analysis of cases,clear under the principle of fairness and efficiency should be how to correctly judge the exercise of discretion,guide the business subject in economic activities actively to perform its obligations and bear the responsibility according to law.In the last chapter,the author analyzes and demonstrates four kinds of common defenses of liability in the case of liability dispute of liquidation obligatory.