One is the invisible debt provided by the original enterprise. In the process of enterprise restructuring, due to irregular enterprise management, the guarantee provided to the original enterprise is generally difficult to reflect. After the reorganization, the creditors filed a lawsuit, only to find that it became an invisible debt. The second is the invisible debt of the affiliated unit. After the enterprise restructuring, when the affiliated enterprise is unable to bear it, the affiliated unit shall bear joint liability, and the competent department and relevant departments of the affiliated unit may also become co-defendants due to their faults.
The third is the debt of special tort damage. It includes two aspects: first, the debt of compensation for damage caused by the fault of enterprise legal person and staff in economic activities, which was discovered only when the system was reformed. Second, the debt of compensation for damages caused by unqualified products of the original enterprise to other people's property and personal injury. Expand the channels and efforts for the operation of the * * * Economic Fund.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 394 Where the debtor or a third party mortgages the property to the creditor to guarantee the performance of the debt without transferring the property, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor has the right to be paid in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.
Article 395 The following properties that the debtor or a third party has the right to dispose of may be mortgaged: (1) Buildings and other land attachments; (2) The right to use construction land; (3) the right to use the sea area; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships and aircraft under construction; (6) means of transportation; (seven) other property not prohibited by laws and administrative regulations. The mortgagor may mortgage the property listed in the preceding paragraph together.
Article 400 To establish a mortgage, the parties shall conclude a mortgage contract in writing. A mortgage contract generally includes the following clauses: (1) the type and amount of secured creditor's rights; (2) The time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) the scope of guarantee.
Article 419 During the limitation of action for principal creditor's rights, the mortgagee shall exercise the right of mortgage. If it does not exercise, the people's court will not protect it.