2009Journal of Jiangsu University of Science and TechnologyRequires access

The Civil Liability of Shareholders′ Capital Contribution Flaw

HU Xinmiao

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Abstract

It is necessary to balance the interests of shareholders and creditors in the process of company law enactment,which is the starting point of company law.Company′s property comes from shareholders,which is regarded as guarantee for company′s creditors.Shareholders′ capital contribution flaw damages both the ownership of companies and the creditors′ interests;and seriously broke the balance between shareholders′ interests and the interests of creditors.So it is necessary to check the shareholders′ capital contribution flaw and to protect the interests of companies′ creditors.The paper studies the civil liability of shareholders′ capital contribution flaw in order to protect the companies′ creditors.

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It is necessary to balance the interests of shareholders and creditors in the process of company law enactment,which is the starting point of company law.Company′s property comes from shareholders,which is regarded as guarantee for company′s creditors.Shareholders′ capital contribution flaw damages both the ownership of companies and the creditors′ interests;and seriously broke the balance between shareholders′ interests and the interests of creditors.So it is necessary to check the shareholders′ capital contribution flaw and to protect the interests of companies′ creditors.The paper studies the civil liability of shareholders′ capital contribution flaw in order to protect the companies′ creditors.

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Available abstract

It is necessary to balance the interests of shareholders and creditors in the process of company law enactment,which is the starting point of company law.Company′s property comes from shareholders,which is regarded as guarantee for company′s creditors.Shareholders′ capital contribution flaw damages both the ownership of companies and the creditors′ interests;and seriously broke the balance between shareholders′ interests and the interests of creditors.So it is necessary to check the shareholders′ capital contribution flaw and to protect the interests of companies′ creditors.The paper studies the civil liability of shareholders′ capital contribution flaw in order to protect the companies′ creditors.

Key concepts: Shareholder, Creditor, Business, Capital (architecture), Limited liability, Corporate law, Balance of interests, Balance (ability)

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