On The Joint Liability Of The Liquidation Obligor Of The Company

In recent years,in the company liquidation obligation of joint and several liability for liquidation,judicial practice has produced the protection of the company's creditors overkill phenomenon.The liquidation obligation of the company liquidation obligor is essentially a fiduciary obligation.It is appropriate to identify the liquidation obligors of the company as the directors and the major shareholders who have control over the company.The jurisprudence of the liability of the liquidator is based on the tort liability of third parties for infringement of claims.The joint and several liability of the liquidating obligor presupposes the existence of a legitimate and valid underlying claim of the creditor against the company.There are three layers of causal relationship between the liquidation obligor's negligence in fulfilling the liquidation obligation and the company's inability to liquidate,and the examination of whether there is a causal relationship takes a step-by-step allocation of the burden of proof.A liquidating obligor who is not at fault is exempt from liability as long as he or she can prove that he or she is not at fault.After the company liquidation obligors bear joint and several liability to creditors externally,they need to share their respective internal liability by comparing the fault and the force of cause according to the fault size.