Director's Civil Liability To Company's Creditor

This article mainly studies that whether director should assume liability for the damage that he brings to the company's creditor because of his own will when he is working for the company. The basic view is to analyze the self-liability of legal person, and think that this liability can be used by director to obtain his own benefit and shun his liability. Also analyze that there must be director's personal will when he is working for the company, so according to good faith and torts, director should assume liability for damage caused by his own will. In the end, analyze the composition of this kind of liability briefly.Chapter one discusses the necessity of the director's liability to company's creditor, and believe that this liability can give improvement and development to the self-liability of legal person. What's more, it has practical meaning for betterment of director's liability and creditor's protection.Chapter two studies the academic foundation of director's liability to company's creditor. This article holds the view that director's liability results from good faith and torts.Chapter three expounds the content of the director's liability. Firstly, as to the director's scope, the view of this article is that large scope of director will limit the director's power abuse. Secondly, analyze the subject, subjective and objective of the liability. Think that only when director brings practical damage to the creditor because of his intent or great negligence, can the creditor is entitled to director's liability. Thirdly, in order to protect the creditor, director should assume joint and several liability to the creditor together with the company, and also discussed the onus probandi. Finally, compare the liability with our current law, and conclude that they are not in conflict.