What is the unlimited liability and limited liability in the civil law?

Unlimited liability means that the investor must bear all the repayment liabilities, that is, when all the assets of the enterprise are insufficient to pay off the due debts, the investor should use all the personal assets to pay off, which is actually to connect the responsibility of the enterprise with the responsibility of the investor.

For example, if a sole proprietor and an individual partnership bear unlimited liability, if A opens a small shop, after obtaining a business license, it is a sole proprietorship, and if the store loses money in the future, it must be compensated with the property of the person's store, and the insufficient part must be compensated with the person's personal property, to put it bluntly, it is to use all the property of A to compensate.

Limited liability refers to the form of liability in which the investor is only liable for the repayment of the debts of the enterprise with the capital invested in the enterprise, and if it is insolvent, the excess part is naturally exempted.

If the company is a typical limited liability, if B registers a company with a registered capital of 100,000 yuan, if the company goes bankrupt in the future, it will only be liable for the company's property, and will not be liable for B's property.

In fact, limited and unlimited are aimed at investors, and limited liability means that the liability is based on the property of the enterprise and does not involve the property of the investor. Unlimited liability is not only based on the property of the enterprise, but also the property of the investor.

I don't know if I understand that...

For example, A got a sole proprietorship and owed 100w. The whole enterprise is worth 80W. The remaining 20w is to be paid off by a share of a in the family property.

Another example is that B got a limited liability company. 100w owed. The whole enterprise is worth 80W.

The remaining 20w as long as B does not transfer property. or the property has been transferred for more than 1 year. And it is not stopped or objected to by the creditor, that is, the creditor.

20w doesn't have to be returned. The money earned in the past can also go chic. Dashing.

That's what it means. The front is unlimited liability. This is followed by limited liability.

Unlimited liability means that for the individual debtor, it is to use all its property to bear the responsibility, not only invested in the enterprise, but all personal property, even if there is no property, when there is property in the future, it will also bear the debt liability. Unlimited liability means that the debtor should pay for the entire loss until it is fully compensated. If the debtor's existing property is only sufficient to compensate for a part of the damage, then it is later discovered that he has other property, and he can also claim compensation for the remaining losses.

Legal basis: Article 207 of the Maritime Law of the People's Republic of China Except as otherwise provided in Articles 208 and 209 of this Law, the following maritime claims may be limited in accordance with the provisions of this Chapter, regardless of the difference in the basis of liability

1) Loss or damage to persons or property that occurs on board the ship or is directly related to the operation or salvage operation of the ship, including damage to port projects, harbor basins, waterways and navigational aid facilities, as well as claims for compensation for corresponding losses arising therefrom;

2) Claims for compensation for losses caused by delay in the delivery of goods by sea or delayed arrival of passengers or Qizhen and their coarse baggage;

4) Claims for compensation for measures taken by persons other than the responsible person to avoid or reduce the losses for which the responsible person may limit liability in accordance with the provisions of this chapter, as well as claims for further losses caused by such measures.

The claims set out in the preceding paragraph may limit liability regardless of the manner in which they are presented. However, if subparagraph (4) relates to the remuneration paid by the responsible person as agreed in the contract, the liability of the responsible person shall not be subject to the provisions of this article on the limitation of liability.

Legal Analysis: Unlimited joint and several liability means that each partner has the obligation to pay off the debts of the partnership in full, and the creditors of the partnership also have the right to demand from any one or more of the partners to pay off part or all of the debts. Joint and several liability refers to two or more persons who are subject to the same civil liability, and the right holder may request either party to bear civil liability.

Legal basis: Partnership Enterprise Law of the People's Republic of China Article 2 The term "partnership enterprise" as used in this Law refers to the general partnership and limited partnership established by natural persons, legal persons and other organizations in China in accordance with this Law. The general partnership Huaichen enterprise is composed of general partners, and the partners bear unlimited joint and several liability for the debts of the partnership.

Where this Law has special provisions on the form of liability of the general partner, follow those provisions. A limited partnership consists of a general partner and a limited partner, with the general partner jointly and severally liable for the debts of the partnership, and the limited partner liable for the debts of the partnership to the extent of their subscribed capital contributions.

Unlimited liability defines the relationship between "debtor and creditor", that is, the debtor must bear all the repayment liabilities, that is, when all the assets of the enterprise are insufficient to pay off the due debts, the investor should use all the personal property to pay off, which is actually to connect the responsibility of the enterprise with the responsibility of the investor.

Joint and several liability defines the relationship between "debtors", that is, no matter how the debtors agree internally, each debtor is obliged to bear all the repayment responsibilities to the creditor, that is, when the property of the partnership is insufficient to pay off its debts, the partners shall pay off the debts with their assets other than the capital contribution of the partnership, and each partner has the obligation to repay the debts of the enterprise, and the creditor can demand full repayment from any partner for the part of the partnership property that is insufficient to pay off. Since joint and several liability defines the liability between debtors, there is no issue of joint and several liability for the investment of a sole proprietorship.

Unlimited joint and several liability means that the external liability is unlimited, and the debtor is jointly and severally liable internally. Therefore, the partners of the partnership bear unlimited joint and several liability for the debts of the partnership, and the investors of the sole proprietorship bear unlimited liability for the debts of the enterprise.

Infinite means that your obligation to repay the debt to the creditor is limited to the debt you owe, not that you only need to repay a part, which means that you owe money to a certain person with others, and the creditor can only ask for it, and you must repay it in full.

Let's say you guarantee a $1 million loan for a friend. If you are generally guaranteed, then if your friend can't pay the money, you will bear unlimited liability for the 1 million, and the creditor can demand that you pay it all back.