Research On The Legal System Of The Fiduciary Duty Of The American Company Directors To The Creditors

The company is one of the main market,the structure of the sound and normative operation,directly related to the stability of social economic order and the creditors.As an important part of the company,effective protection is not only beneficial to improve the enthusiasm of the investment,promote the development of the company,but also helps maintain the stability of the economic order.In judicial practice,recognizing the company from its inception to bankruptcy,the financial situation often showed a gradual deterioration of the situation,and the benefit object and the financial status of the company directors’ fiduciary duty is associated.From the beginning of the company operating conditions deteriorate,risk of impairment of assets gradually borne by the creditor,the interest In order to effectively protect the victims,and proposes that the board of directors insolvency stage of fiduciary duty to creditors in corporate,the theoretical basis for this view is "trust fund" theory and the"risk" theory.Although the key problem of "insolvent" judgment is no unified States,effective the evaluation standard,but also for some judicial practice,the court will bear the fiduciary duty to the creditors directors stage controversial expansion,but the system still is conducive to the improvement of Chinese corporate governance system.So based on the analysis of basic obligations of directors to creditors of the fiduciary property,the following problems are discussed:the controversial "criteria of insolvency,insolvency" stage director’s fiduciary duty to creditors on the verge of free content and payment ability of the directors should bear the fiduciary duty to creditors.The main research methods in summing up the United States on the basis of comparative analysis of their advantages and disadvantages,and finally put forward their own views.In addition to the introduction and conclusion,is divided into five parts analyze the legal issues of directors in American law bear the fiduciary duty to the creditors,the first part mainly analyzes the theoretical logic of director’s fiduciary duty to creditors of the company’s financial situation,change the appearance of conflict of interest between shareholders and creditors and creditors after the deterioration of the status,which led to the company,change law the relationship between directors and creditors.On this basis,from the "dependency","two aspects of the interests affected by the"level analysis company,fiduciary legal relationship between the directors and creditors.The creditors become the ultimate beneficiary of directors management company firm profit,also So instead of shareholders become beneficiaries of directors’ fiduciary duty;the second part mainly introduces the judicial practice of the United States to judge "insolvent" and "paid for" lost on the verge of insolvency method "and the theory of ability test method.After comparing the advantages and disadvantages of the proposed analysis method,get the ruin the prediction score method is among the more scientific;the third part of the combination of the United States judicial precedent,on one hand the loss of solvency stage directors fiduciary duty to creditors negative content,on the other hand is on the verge of insolvency stage directors fiduciary duty to creditors in dispute The fourth part mainly introduces the relief measures to the American court creditors.The fifth part mainly analyzes the enlightenment to our country from the rule of directors’ fiduciary duty to creditors...