(4) the debt that in controlling a process to changing, be omited or conceals, this judicatory explains set the Shen Quan of creditor period with divide authority period, authority period is divided in this (90 days of less than since the day from first time announcement) person of internal debt right to the former contributive person that is changed to control a company (asset management person) those who declare creditor's rights, general by change the enterprise after making or its are new after contributive person assumes liability again to former contributive person (asset management person) chase after countervail; Should remove the loan inside authority period to be in not to the former contributive person that is changed to control a company (asset management person) declare creditor's rights, creditor is lost to change the enterprise after making or its are new the right of right of contributive person view, its can to the former contributive person that is changed to control a company (asset management person) hold the right. The former contributive person that controls a company to be being changed (asset management person) do not have announcement or inform creditor, happen to conceal or omit debt to be assumed directly by who, new judicatory explanation did not make clear a regulation, but the judicatory explanation before the basis, should by the former contributive person that is changed to control a company (asset management person) assume liability to creditor directly.
(5) joint liability principle. This basically applies to company component (judicatory explains the 12nd) borrow company company to make with debtor transform escape debt (judicatory explains the 6th, 7) below the circumstance, in order to strengthen the protection that the interest to creditor realizes, try in vain clearly to borrow an enterprise to change to make and escape at the same time the belongings responsibility of the enterprise of useless debt. Additional, come to an agreement to equity issue turning with respect to creditor's rights between company creditor and indebted enterprise (creditor's rights of blame policy sex turns equity) , want the legal statute that does not violate a country only forcibly sexual regulation, and it is party true meaning is denotive result, with respect to the respect that should get party and people court of justice. Partial creditor undertakes creditor's rights turns the behavior of equity, do not affect other loan to advocate creditor's rights to indebted enterprise, this is the requirement of the relativity of so-called contract or creditor's rights.
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