Reflection and Application of Personal Liability of Corporate Director to The Third Party
Article 191 of the Company Law elevates the liability of directors to third parties to a general rule,but the biggest problem of this article lies in the ambiguity of the connotation of the director's liability to third party under the textual interpretation.The Article 191 of the Company Law,under the systematic interpretation,is in conflict with Article 11 of the Company Law,Article 62 of the Civil Code,and Article 1,191(1)of the Civil Code.In addition,the dispute over the type of liability will lead to the judicial application dilemma.This paper advocates the principles of the nature of the behavior of the company's executives and respects for the creditor's option,in order to adjust the tension between the application of civil law norms and company law norms.
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