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Composition: According to the provisions of the General Principles of the Civil Law of China, natural persons, legal persons and other organizations can be the subject of civil legal relations. In practice, individual industrial and commercial households, rural contracted business households, and individual partnership organizations or unincorporated organizations are regarded as civil entities.
The State is a special civil subject.
Civil subjects include: citizens (natural persons) and legal persons. Natural persons include: individual industrial and commercial households, rural contracted business households and individual partnerships. Legal persons include: enterprise legal persons, government agencies, public institutions, and social organization legal persons.
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Including: citizens (natural persons) and legal persons. Natural persons include:
Individually-owned industrial and commercial households, rural contracted business households and individual partnerships. Legal persons include: enterprise legal persons, government agencies, public institutions, and social organization legal persons.
1) Citizen A citizen of a State is a natural person who has the nationality of that State. 1 Citizens' capacity for civil rights Citizens' capacity for civil rights refers to citizens' qualifications to enjoy civil rights and bear civil obligations in accordance with the law, and is a concentrated expression of citizens' qualifications. 2 Citizens' civil capacity Citizens' civil capacity refers to the ability of citizens to independently exercise civil rights or perform civil obligations through their own actions.
This includes the ability to engage in lawful acts, but also the ability to take responsibility for their violations. A citizen's capacity for civil conduct is premised on his or her capacity for rights. (2) Legal person 1 The concept of a legal person and the requirements for being a legal person A legal person refers to a social 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.
2 The legal person's legal capacity refers to the legal person's ability or qualification to participate in civil activities, obtain civil rights and bear civil obligations. 3 Capacity of a legal person The capacity of a legal person refers to the ability or qualification of a legal person to carry out civil activities, acquire rights and assume obligations by its own actions. 4 Types of Legal Persons First, an enterprise legal person refers to a unit that takes production and operation as its activity content, implements independent economic accounting, assumes responsibility for its own profits and losses, and pays taxes to the state.
Second, non-enterprise legal persons refer to legal persons that are not directly engaged in production and business activities, and whose content is state-managed and non-commercial social activities. It mainly includes legal persons of state organs, legal persons of public institutions, legal persons of social organizations, etc.
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The so-called civil subjects refer to entities that are able to participate in civil legal relations. Only civil subjects can enjoy civil rights and bear civil obligations. China's Civil Code stipulates three types of civil subjects: natural persons, legal persons, and unincorporated organizations.
A natural person is qualified as a civil subject by birth. Based on the principle of equality, a natural person cannot be deprived of his or her civil subject qualifications except in the case of his or her death. 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.
Where a legal person is established in accordance with law, its civil subject status arises from the time of the establishment of the legal person and is extinguished when the legal person is terminated. According to the different purposes and functions of the establishment of legal persons, the Civil Code divides legal persons into for-profit legal persons and non-profit legal persons, and at the same time, it is difficult to include some legal persons in the scope of for-profit legal persons and non-profit legal persons due to the particularity of some legal persons in the establishment, alteration and termination of legal persons in practice. According to Article 76 of the Civil Code, for-profit legal persons mainly include limited liability companies, joint-stock **** and other enterprise legal persons.
According to Article 87 of the Civil Code, non-profit legal persons mainly include public institutions, social organizations, associations, social service organizations, etc. According to Article 96 of the Civil Code, there are only four types of special legal persons: government agency legal persons, rural collective economic organization legal persons, urban and rural cooperative economic organization legal persons, and grassroots mass autonomous organization legal persons.
Legal basis
Civil Code of the People's Republic of China
Article 13: From the time of birth to the time of death, natural persons have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations.
Article 76: A legal person established for the purpose of obtaining profits and distributing the missing spring to shareholders and other investors is a for-profit legal person.
For-profit legal persons include limited liability companies, joint-stock companies and other corporate legal persons.
Article 87: Legal persons established for public interest purposes or other non-profit purposes that do not distribute profits obtained to investors, founders, or members are non-profit legal persons.
Non-profit legal persons include public institutions, social organizations, social service organizations, etc.
Article 96: The legal persons of government organs, rural collective economic organizations, urban and rural cooperative economic organizations, and basic-level mass autonomous organizations as provided for in this section are special legal persons.
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Legal acts in civil law refer to the acts of civil subjects that establish, modify, or terminate civil rights and civil obligations through expressions of intent, which can produce the expected legal effects of the parties. Civil juristic acts are a type of acts, the most important form of acts, and the most basic form of legal facts.
Article 133 of the Civil Code elevates the civil law Huai Cong legal act is the act of establishing, modifying, or terminating the civil legal relationship of the civil subject.
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Answer]: The subject of the civil legal relationship is the "person" who participates in the civil legal relationship, enjoys civil rights and bears civil obligations. The term "persons" here includes citizens, legal persons, and unincorporated organizations. Such as chops.
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Answer]: The subject of civil legal relations refers to the "persons" who participate in civil legal relations, enjoy civil rights and bear civil obligations. The term "person" is to be understood broadly to include natural persons (citizens), legal persons and unincorporated organizations.
In the personal finance business, the subjects of the civil legal relationship are financial institutions and individual customers. The financial institutions here are organizations of the Rotten League Bureau, and individual customers generally refer to natural persons (citizens).
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Answer]: a, b, c
Item A relates to "extralegal space", that is, the objective circumstances that give rise to religious relations, teacher-student relationships, classmate relationships, love relationships, and friendship relationships, and are not legal facts. In item a, A's expression to B is a confession of love, not a legal fact, and a civil legal relationship cannot be established between A and B. Item B:
The statement is wrong, and he will not be elected. Item B relates to the infringement of omission. One of the constitutive elements of the tort of omission is that the actor has the obligation to act, and the main obligations of the act include the obligation as stipulated by law, the obligation as agreed in the contract, the obligation arising from the special relationship between the parties, and the obligation arising from the actor's previous acts.
In subparagraph b, the word "travel friend" indicates that A and B are both adults, and B's previous act of inviting A to climb Mount Everest did not give rise to an obligation to protect A's safety, and that A died due to an avalanche, and B did not commit an act of omission to cause harm, which does not constitute a tort and therefore does not establish a civil legal relationship. Item C: Wrong statement, not elected.
Item c relates to benevolent relationships. A benevolent relationship, also known as a friendship relationship, generally refers to an agreement or commitment that does not create a contractual relationship between the parties. In item c, B's agreement to ask A to purchase goods on his behalf is a goodwill favor, and a civil legal relationship cannot be established between A and B.
Item D: Correct, elected. Item D relates to benevolent relationships.
A benevolent relationship, also known as a friendship relationship, generally refers to an agreement or commitment that does not create a contractual relationship between the parties. In item c, B's agreement to ask A to purchase goods on his behalf is a kind offer, and a civil legal relationship cannot be established between A and B. Item d:
Correct statement, elected. Item D relates to appointments. An appointment is a contract under which one or both parties to the contract are obligated to enter into this contract.
In item d, A and B agree to sign a contract for the sale and purchase of automobiles on a certain day, and an appointment is established.
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Answer] :d The object of civil legal relations refers to the object to which civil reputation, rights and civil obligations are directed. The contract is a labor contract, and the object of the contract is the act of transportation and the freight.
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Answer]: Vertical band d
The subject of the civil legal relationship refers to the person who participates in the civil legal relationship, enjoys rights or bears obligations, that is, the parties to the civil legal relationship. The subject of the civil legal relationship must have the capacity for responsibility, and the branch of the legal person cannot bear the responsibility independently, and is not a civil subject.
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