The Law of the State of Affairs Full Thanks

This is relative to traditional civil law theories, and aims to make up for the shortcomings of civil law theories.

In order to curb monopoly, enliven competition, revitalize and maintain the economic system of modern free competition, and establish a legal order different from the civil law order after the modern civil law, so as to make up for the shortcomings of the civil law and eliminate the anti-civil law social phenomena caused by the civil law order as the medium, some scholars call it the post-civil law theory.

In the theory of post-civil law, the first refers to the chronological order, which refers to the anti-monopoly law and the anti-unfair competition law after the civil law, and the second is the sense of the anti-monopoly law, which refers to the legal order established by the anti-monopoly law is somewhat opposite to the civil law order.

After the merger of a legal person, the rights and obligations of the legal person before the merger shall be borne by the merged legal person in general.

When a legal person is separated, the legal person before the separation may decide to transfer the original rights and obligations to the separated legal person. Therefore, when it is possible to separate the advantageous business to one separated legal entity and the debts to another separated legal entity.

After the merger and division of a legal person, the rights and obligations shall be assumed by the new legal person.

The Contract Law stipulates that if the parties merge after entering into a contract, the merged legal person or other organization shall exercise the contractual rights and perform the contractual obligations. Where the parties are separated after the conclusion of the contract, unless otherwise agreed by the creditor and the debtor, the separated legal person or other organization shall enjoy joint and several creditor's rights and bear joint and several debts for the rights and obligations of the contract.

The Contract Law stipulates that if the parties merge after entering into a contract, the merged legal person or other organization shall exercise the contractual rights and perform the contractual obligations. Where the parties are separated after the conclusion of the contract, unless otherwise agreed by the creditor and the debtor, the separated legal person or other organization shall enjoy joint and several creditor's rights and bear joint and several debts for the rights and obligations of the contract.

Extension: Merger, which refers to the merger of two or more existing legal persons or other organizations into one legal person or one other organization. Mergers are divided into absorption mergers and new mergers.

The contractual rights and obligations of the legal person or other organization before the merger shall be transferred to the legal person or other organization after the merger.

Separation refers to the division of a legal person or other organization into multiple legal persons or other organizations. The original legal person or other organization may be dissolved, divided into multiple legal persons or other organizations, or it may continue to exist and a new legal person or other organization may be derived from it. Unless otherwise agreed, the divided legal person or other organization has the right to accept all or part of the debtor's debts, and also has the obligation to perform all or part of the debts at the request of the creditor.

To put it simply, the author is a citizen who creates the work, usually the copyright owner (an excepted legal person work), the copyright owner is not necessarily the author, the copyright owner may be the person who has obtained the copyright through assignment or legal provisions.

The author and the copyright owner are sometimes the same subject, and sometimes they are not the same subject, so it cannot be said that the author is the copyright owner. The author is the person who creates the work, and under normal circumstances, the author is the person who creates the work and the copyright owner, and enjoys the moral rights and property rights of the author in accordance with the law, and the author and the copyright owner are overlapping. However, since the property rights in copyright can be transferred or inherited, a natural person, legal person, or combination that is not the author can also become a copyright owner through inheritance, inheritance, transfer, etc.

In addition, the ownership of the copyright of the commissioned work shall be agreed upon by the client and the trustee through the contract, and if the contract does not expressly stipulate or no contract is concluded, the copyright belongs to the trustee. Therefore, the author's copyright can be transferred to others through inheritance, inheritance, assignment, contract, etc., and he himself is no longer the copyright owner, but it does not affect that he is still the author of the work.

The author is the one who makes the work on nature. The copyright owner is the legal successor of the rights in the work.

That is, the property law has not yet come out, but the draft has been available for a long time.

Hello, civil law is about regulating civil law legal relations between subjects of equal status, requiring that civil rights be consistent with civil obligations.

Debts can only occur between specific subjects, and the creditor has the claim for payment, and the debtor has the obligation to perform. In the debtor relationship, the rights and obligations of the parties to the debt are relative, and the rights enjoyed by one party are the obligations borne by the other party. The liability for non-performance of debts is also relative, and when the debtor fails to perform its obligations, only the creditor has the right to demand that the debtor bear the responsibility for non-performance.

Thank you for adopting, you can ask if you have any doubts.

(1) The constitution regulates the nature of our nation. Fundamental system and fundamental tasks.

2. The Constitution also stipulates the system of people's congresses in China. The basic economic system of the country. Fundamental rights and duties of citizens.

Organization and powers of state organs. The symbol of the state and other fundamental issues in the life of the country. Book 78

79 pages.

Constitution is the fundamental law of a country. It stipulates the country's social system, state system, state institutions, basic rights and duties of citizens, etc