股東債權劣後受償法理解析及路徑完善

Abstract

Shareholder borrowing is a normal financing behavior of a company. Although shareholder claims are mostly agreed upon through contracts, due to the commercial nature of the company and shareholders, the effectiveness of the contract should be handled by commercial rules, and the principle of fairness in civil contracts cannot be applied indiscriminately. Shareholders' claims are subject to post bankruptcy compensation in bankruptcy proceedings because they have violated their obligation to increase capital under the principle of capital maintenance, thereby avoiding the risk of loss of equity value and capital loss during the normal existence of the company. Therefore, shareholders should bear the post bankruptcy risk of the company's claims.