Study On The Obligations And Responsibilities Of The Liquidation Obligor

For a long time,the legal application of the liquidation obligor system has suffered from irregularities and lack of fluency,and with the increasing number of disputes over liquidation liability in practice,it has led to the wanton destruction of the social credit system.Therefore,in recent years,the liquidation obligor system has received much attention from the academic and practical circles.From the Company Law Interpretation II to the General Provisions of the Civil Law and then to the Civil Code,China has gradually established a basic system for regulating the liquidation liability person system.However,in the face of complex liquidation liability disputes,it is obvious that the overly vague and principled provisions in the legal provisions are no longer able to solve all disputes in practice.Based on the existing theoretical foundation and with an eye on practice,this article firstly clarifies the meaning of liquidation obligors,and sorts out the legal norms to identify whether shareholders,directors and beneficial owners are suitable to be liquidation obligors,and clarifies the scope of liquidation obligors.Secondly,the content of the obligations is discussed,mainly the supervisory obligations that are not explicitly provided for in the law but have an important impact on the liability of liquidation obligors are clarified,and the exceptions to the obligations of the parties are discussed.Finally,the theoretical basis of the liability of liquidators,the constituent elements and the limitation period for creditors’ claims for compensation are discussed.Through the analysis of cases,the necessary obligations of creditors in exceptional circumstances are clarified.The paper aims to strike a balance between the interests of all parties and to guide interested parties in commercial activities to actively fulfil their obligations and assume responsibility in accordance with the law.