Legal Liability Of Liquidation Obligor

At present,China’s liquidation system can be divided into bankruptcy liquidation and non-bankruptcy liquidation.The non-bankruptcy liquidation is deficient in legislation and theoretical discussion,and there are still many difficult problems to be further analyzed,the system of liquidation obligor is an indispensable part of it.The liquidation obligor is the characteristic legal relationship between the liquidation obligor and the enterprise as the basis for performing the liquidation obligation according to law upon the dissolution of the enterprise,at the same time in the enterprise did not liquidate as soon as possible to the right to cause its economic losses need to bear the relevant civil liability.Although the relevant contents are explained in the provisions of the Supreme People’s Court on the application of & Lt;the Company Law of the People’s Republic of China & GT;Certain Issues(II),however,there are still some problems to be studied,such as the legal basis,subject of liability and civil liability of the liquidation obligor.Based on the existing research results in theory and practice,this paper comprehensively uses comparative analysis,logical analysis,case analysis and other methods to conduct in-depth discussion on the legal responsibility of the liquidation obligor,and combs its legal basis and application as far as possible,mainly including the following three parts:The first part is the first chapter,which describes the legislative evolution of the liquidation obligor system in China,relevant overseas legislation,the concept of the company liquidation obligor,the difference between the company liquidation obligor and the liquidator,the subject of the company liquidation obligor and the focus of the dispute.The second part is the second to the fourth chapter,in which the third chapter has carried on the detailed introduction regarding the liquidator to need to assume the responsibility,in which the responsibility includes the liquidation responsibility.Tort Liability and liquidation liability.The Second Chapter Discusses The legal basis,legal nature,subject of right of claim,limitation of action,and the debate on the subject of liquidation obligor.Chapter Three discusses in detail the legal basis of the liability of the company liquidation Obligor,the subject of liability,the subject of claim,the content of compensation for damages,the limitation of action,and the applicable circumstances,and analyze the defects of the liability and make recommendations.Chapter four introduces in detail the legal basis,the liability bearer,the claimant and the content of the damage interest,the limitation of action and its application.The third part is the fifth chapter,which makes a supplementary discussion on the defenses of the liability of the liquidation obligor,and puts forward some suggestions on the supervision of the liability of the liquidation obligor.