In current judicial practice, the liability of defective shareholders towards third parties typically involves both the accelerated maturity rule and the illegal allocation liability system, which often collide or become confused with each other. This article mainly discusses the issue of compensation liability of defective capital shareholders to third-party creditors, combined with legal norm analysis and empirical research of judicial cases. By examining execution objection lawsuits related to the liability of defective capital shareholders on the China Judgments Online, the conflict and coordination path between the accelerated maturity rule and illegal distribution liability in judicial practice are analyzed. Research has shown that although both the accelerated maturity rule and the illegal allocation liability system aim to protect the interests of creditors, differences in their application conditions can easily lead to confusion in practice. This article proposes to improve judicial efficiency and fairness by establishing an audit platform and improving accountability procedures.
Tianyu Zhang (Wed,) studied this question.