英文摘要 |
So as to prevent the abuse of limited liability from shareholders and to protect creditors, Taiwan exercises the three corporate capital principles as company’s capital specification criteria, looked forward to achieve the purpose of protecting the creditors and the company. However, the function of the protection of creditors created by the three principles structure has been doubted by some domestic and foreign legal scholars. Limited liability is still a fundamental principle of corporate law and has significant influence to the development of economy in Germany. Because limited liability partially transfers the risk of bankruptcy from shareholders to creditors, it results in the conflict that exists between creditors and shareholders regarding how to allocate a company’s capital. First, the purpose of this Study is to review the requirements of Taiwan’s capital structure through comparing with the Germany capital structure (Grundsatz der realen Kapitalaufbringung; Grundsatz der Kapitalerhaltung) . In the end, this Study is going point out, that Taiwan should find its own way of capital structure and the reform of corporation Law for its next generation. |