What is the difference between a legal person and a natural person

According to the General Principles of China's Civil Law, a "legal person" refers to an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law. A legal person is different from a natural person in that it is an inanimate social organization, and the essence of a legal person is the legal personification of a certain social organization. "Legal representative" is a definite legal concept, which refers to the person in charge who exercises authority on behalf of the legal person in accordance with the law or the articles of association of the legal person, and is the legal representative of the legal person.

The legal representative represents the interests of the enterprise legal person and exercises the rights of the legal person in accordance with the will of the legal person. The legal representative is responsible for organizing and leading production and business activities within the enterprise; Representing enterprises externally, with full authority to handle all civil activities. The powers of the legal representative are conferred by the legal person, and the legal person bears the corresponding civil liability for the normal activities of the legal representative.

However, if the representative's actions exceed the scope of the rights granted by the legal person, the legal person may be liable for it. Legal basis: Article 36 of the General Principles of the Civil Law of the People's Republic of China provides that a legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law.

A legal person's capacity for civil rights and civil conduct arises when the legal person is established and is extinguished when the legal person is terminated. Article 38 of the General Principles of the Civil Law of the People's Republic of China provides that the person in charge of exercising authority on behalf of a legal person is the legal representative of a legal person in accordance with the provisions of the law or the articles of association of a legal person.

To put it simply, a legal person is a unit, not a living person, and a natural person is a living person.

Man is the legal personification of social organization, in the legal sense"people", rather than a real living organism, which arises and dies according to law. A natural person is a person who is born and lives on the basis of the laws of nature, and a natural person with the nationality of a State is called a citizen of that State. The birth, old age, sickness and death of a natural person are carried out in accordance with the laws of nature and have natural attributes, while legal persons do not have this attribute.

Although legal persons and natural persons are both civil subjects, legal persons are collective civil subjects, that is, legal persons are aggregates of some natural persons. For example, the company laws of most countries (including China) stipulate that a corporate legal person must be composed of more than two shareholders. In contrast, a natural person takes the individual himself as a civil subject.

The capacity for civil rights and civil conduct of legal persons is also different from that of natural persons. According to Article 1 of the General Provisions of the Civil Law, a legal person must meet four conditions at the same time, all of which are indispensable. (1) It is established in accordance with law.

That is, the legal person must be a social organization recognized by the state. (ii) Necessary assets and funds. (iii) Have their own name, organization and place.

4) Be able to bear civil liability independently.

A natural person is a living person; A legal person is an organization established in accordance with law and with the capacity for civil conduct and civil rights.

Legal Analysis: The differences between legal and natural persons are as follows:

1. A legal person is the personification of a social organization in law, a person in the legal sense, not a real living body, which arises and dies according to law. A natural person is a person born on the basis of the laws of nature, and a natural person with the nationality of a State is called a citizen of that State;

2. Although legal persons and natural persons are civil subjects, legal persons are a collection of civil subjects, and Lu Chun is a collection of natural persons. A natural person is a civil subject with the individual himself;

3. The capacity for civil rights and civil conduct of legal persons is also different from that of natural persons.

According to the Civil Code of the People's Republic of China, a legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law.

Legal basis: Article 57 of the Civil Code of the People's Republic of China A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with law.

The differences between a legal person and a natural person are as follows:

1. A legal person is an organization with independent civil rights and behavioral capacity, and is a person who is fictionalized by law, and does not have the natural attributes of other organisms such as life, while a natural person is a person who is born and survives based on the laws of nature;

2. The legal person's capacity for civil conduct and civil conduct are enjoyed simultaneously from the time of its establishment, while the time when a natural person acquires the capacity for civil conduct and rights is not synchronized;

3. The creation, development and elimination of legal persons are determined by law.

The differences between natural person shareholders and corporate shareholders are as follows:

1. A natural person shareholder is a specific person who enjoys and directly exercises the rights and obligations of shareholders, such as participating in shareholders' meetings, consulting financial and accounting information, receiving dividends, etc.

2. A corporate shareholder is an organization, as an abstract entity fabricated in accordance with the law, and the exercise of its rights and obligations shall be completed through the behavior of specific persons, and the way is to send a shareholder representative to complete it on behalf of it with the authorization and entrustment procedures, and the consequences shall be borne by the organization.

3. The main difference is only in the way of exercising rights and obligations. There is no difference in the essence of rights and obligations.

Legal basisArticle 3 of the Company Law of the People's Republic of China.

The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the company's debts with its wholly dismantled property.

The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.