Traditional Culture Encyclopedia - Traditional festivals - What laws does the civil law include?
What laws does the civil law include?
Civil law is a legal norm to adjust the social relations between equal civil subjects.
The General Principles of Civil Law of People's Republic of China (PRC) and the General Principles of Civil Law of People's Republic of China (PRC) are the legal provisions on some same-sex issues in civil activities in China, and they are the general laws in the civil law system. 1986 April 12 was revised and adopted at the fourth session of the Sixth National People's Congress, and will be implemented on June 1987 1 day. * * * Chapter IX, article 156.
legal person
Section 1 General Provisions
Article 36 A legal person is an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently according to law.
The legal person's capacity for civil rights and civil conduct arises when the legal person is established and disappears when the legal person is terminated.
Article 37 A legal person shall meet the following conditions:
Established according to law;
Having the necessary property or funds;
Having its own name, organization and place;
Be able to bear civil liability independently.
Article 38 In accordance with the law or the articles of association of a legal person, the person in charge who exercises functions and powers on behalf of the legal person is the legal representative of the legal person.
Article 39 A legal person shall take the place where its main office is located as its domicile.
Article 40 When a legal person terminates, it shall carry out liquidation according to law and stop its activities outside the scope of liquidation.
Section 2 Enterprise as a Legal Person
Article 41 Enterprises owned by the whole people and collectively owned enterprises have the amount of funds in line with the provisions of the state, articles of association, organizations and places, can independently bear civil liabilities, and have been approved and registered by the competent authorities to obtain legal person status.
Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-funded enterprises established in People's Republic of China (PRC) have legal personality, and have been approved and registered by the administrative department for industry and commerce according to law, and obtained the legal personality of China.
Article 42 An enterprise as a legal person shall engage in business activities within the approved and registered business scope.
Article 43 An enterprise as a legal person shall bear civil liability for the business activities of its legal representative and other staff members.
Article 44 Where an enterprise as a legal person is divided, merged or has other important changes, it shall register with the registration authority and make an announcement.
When an enterprise as a legal person is divided or merged, its rights and obligations shall be enjoyed and assumed by the changed legal person.
Article 45 An enterprise as a legal person shall terminate for one of the following reasons:
Being revoked according to law;
Dissolution;
Declare bankruptcy according to law;
Other reasons.
Article 46 When an enterprise as a legal person terminates, it shall cancel its registration with the registration authority and make a public announcement.
Article 47 When an enterprise as a legal person is dissolved, a liquidation organization shall be established for liquidation. Where an enterprise as a legal person is revoked or declared bankrupt, the competent authority or the people's court shall organize relevant organs and personnel to set up a liquidation organization to carry out liquidation.
Article 48 An enterprise owned by the whole people as a legal person shall bear civil liability with the property authorized by the state for its operation and management. A collectively-owned enterprise as a legal person shall bear civil liability with the property owned by the enterprise. Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises as legal persons shall bear civil liability with the property owned by the enterprises, except as otherwise provided by law.
Article 49 If an enterprise as a legal person is under any of the following circumstances, in addition to investigating the legal person's liability, it may impose administrative sanctions and fines on its legal representative, and if the case constitutes a crime, it shall be investigated for criminal responsibility according to law:
Engaging in illegal business beyond the business scope approved and registered by the registration authority;
Concealing the real situation from the registration authority or the tax authority or practicing fraud;
Withdrawing funds or hiding property to avoid debts;
Disposing of property without authorization after dissolution, cancellation or bankruptcy;
Failing to apply for registration and announcement in time at the time of change or termination, causing great losses to interested parties;
Engage in other activities that harm national interests or social public interests prohibited by law.
Section 3 Organs, institutions and social organizations as legal persons
Article 50 An institution with independent funds shall have the status of a legal person as of the date of its establishment.
Institutions and social organizations with legal personality, which do not need to register as legal persons according to law, have legal personality from the date of establishment; If it is necessary to register as a legal person according to law, the registration shall be approved and the legal person qualification shall be obtained.
The fourth quarter joint camp
Article 51 If an enterprise or a joint venture of enterprises and institutions forms a new economic entity, independently bears civil liabilities and has the status of a legal person, it shall be approved and registered by the competent authority to obtain the status of a legal person.
Article 52 If a joint venture between enterprises or between enterprises and institutions does not have the status of a legal person, the parties to the joint venture shall bear civil liability with their own or managed property according to the proportion of capital contribution or agreement. Those who are jointly and severally liable according to the law or agreement shall be jointly and severally liable.
Article 53 Where an enterprise or enterprise or institution operates independently according to the contract, its rights and obligations shall be stipulated in the contract, and each shall bear civil liabilities.
Baidu Encyclopedia: Civil Law
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