In China, Because of the congenital limitation of the legislation of civil law, Joint and several debt appears in civil laws disorderly, and there is not a mature theoretical system.
The remnant after repaying the debt shall be returned to the original shipowner or the person constituting the limitation fund for maritime claims.
清偿债务后的余款,应当退还船舶原所有人或者海事赔偿责任限制基金设立人。
3
As for the capability of company, company law should relax the limitation to the capability of company for providing a loan, but should totally forbid giving company assets as security of debt.