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A Study on the Protection of Creditors Benefits Under the Principle of Limited Liability

Author: WuYunGeRiLe
Tutor: MangLaiFu
School: Inner Mongolia University
Course: Civil and Commercial Law
Keywords: Limited Liability Shareholder Creditor Benefit Protection
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 171
Quote: 1
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Abstract


As social and economic development and the deepening of the reform of state-owned enterprises , especially after China's accession to WTO , the company as a modern economic relations, the most active of the main body , to the rapid development in our country . Limited liability company is the essential attribute of the modern , is one of the world an important principle of company legislation . Its shareholders and creditors have their own different practical significance. On the one hand , the principle of limited liability shareholders disperse and reduce investment risk , stimulate public investment enthusiasm . On the other hand , the existence of limited liability , so the loss of straight -recourse creditors , the company insolvent in bankruptcy , the creditors will surely suffer. According to the principle of limited liability companies established at the outset of the creditors of the company at a disadvantage in practice, harm the interests of creditors of the phenomenon is not uncommon. While China's current legal system has inherent flaws company also makes the company the benefit of creditors is often overlooked , or just stay in the form of protection on . Shareholders and creditors of the company as the company's interest in the subject most closely , in the limited liability regime there is a clear relationship between growth and decline . But this does not mean that the effective protection of creditors must deny the limited liability of shareholders , in fact, the interests of shareholders and the interests of creditors of the company is not completely opposing interests type. Current theoretical circles , to explore the issue of protection of creditors of the company are merely denying legal personality from the start, the limited liability protection of the interests of creditors for the opposition , so that became a limited liability company denies creditor protection the only fundamental way. This paper attempts to clarify the limited liability protection of the interests of the relationship with the creditor , based on the protection of the interests of creditors to provide a broader space .

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