论文部分内容阅读
【案例要旨】在对公司高管操控下共同经营公司之间债务转移协议的效力认定时,主张债权人应该承担原始债务客观存在以及债务发生转移的举证责任;债务转移协议已经由公司签章确认,可以认定属于该公司意志对外的有效行使,公司的内部规范不能作为对抗已经行使的外部意志的依据;对于高管确实存在恶意转移公司债务侵犯公司利益的行为,公司或股东可以依据公司法的具体规定,向公司高管提起侵犯公司利益之诉。
[Case Essentials] In the control of corporate executives under the assumption of the effectiveness of the debt-transfer agreement between co-operating companies, arguing that creditors should bear the burden of proof of the objective existence of the original debt and the transfer of the debt; the debt transfer agreement has been signed and confirmed by the company, Can be determined to belong to the company will be the effective exercise of the external, the company’s internal norms can not be used as a countermeasure against the external will have been exercised; for executives there is a malicious transfer of corporate debt violations of the interests of the company, the company or shareholders can be based on specific corporate law Provides that the company executives filed a lawsuit against the interests of the company.