论文部分内容阅读
我国传统民法理论认为,法人成立侵权损害赔偿责任时,其机关成员(如董事)与法人是不能对第三人承担连带责任的,董事只对法人承担内部责任;而大陆法系的德国、日本、我国台湾等从立法或司法上却主张董事与法人的连带责任。我国传统民法否定连带责任的依据并非科学,理论和实践上都存在董事与其法人负连带侵权损害赔偿责任的可行性。
According to the theory of traditional civil law in our country, when a legal person establishes the liability for compensation for infringement, its members (such as directors) and legal persons can not assume joint and several liability to the third party, and the directors bear only internal liability to the legal person. In civil law systems, Germany, Japan , Taiwan and other countries in our country advocate the joint and several liability of directors and legal persons from a legislative or judicial point of view. The basis of our country’s traditional civil law to negate the joint and several liability is not the scientific, theoretical and practical existence of the liability of the directors and their legal persons to jointly and severally damages the infringement.