Consult on several legal issues in civil and commercial law

1. The joint property of A and his wife is divided equally, and then divided equally between A's wife, father and mother.

3. Breach of contract.

4. "The law does not protect those who sleep on power" to maintain the stability of civil relations and speed up civil activities. Too long is not conducive to discovering the truth. However, there is an academic controversy over the relationship between property rights, and the latest legal interpretations and statute of limitations opinions determine that the statute of limitations does not apply to the legal relationship of property rights.

5. Detention is administrative detention, which restricts citizens' right to personal freedom, and where there are rights, there must be remedies. However, whether it is upheld by the court depends on the circumstances.

1.The part belonging to the joint property of the husband and wife shall be divided first, and then the first order shall be divided equally among the basic people, or if there is a will, it shall be based on the will.

2.Regulations on the Operation and Management of Urban Real Estate Development Enterprises and Regulations on the Implementation of the System of Residential Quality Assurance and Residential Instruction Manuals for Commercial Housing

3.It is a contract dispute.

4.To put it simply, after a long period of time, the factual evidence is relatively vague, which is not conducive to the defendant's proof and exemption from liability5Yes, the restriction of personal freedom by the public security organs is also a specific administrative act.

1 pair. 2. The quality is problematic, the statute of limitations is one year, and the house is decades.

3 Ibid., first half.

4 This is the law that generally lasts for two years, and for a special twenty years.

5. You can apply for administrative reconsideration.

Legal analysis: 1) Civil law and commercial law are both laws that regulate civil and commercial acts in the scope of private law. Both form the basic part of private law in civil law systems.

Civil law is an abstract law, while commercial law is a concrete law. The adjustment of civil and commercial legal acts requires close cooperation between civil law and commercial law.

2) The subject system of civil law is a general provision on the qualifications of the subject of commodity economic activities, and the legal status of any individual and economic organization is ultimately completed by the subject system of civil law. The subject system in commercial law is a special system design for special types of civil subjects. For example, the company system is one of the most typical forms of the legal person system in the civil law, and the old degree of the partnership system is a typical or advanced form of the partnership system in the civil law.

3) The property right system in the commercial law is premised on the property right system of the civil law, and the creditor's rights system in the commercial law, as a special provision for the trading activities of the early market, must also be premised on the civil law creditor's rights system. For example, the creation, transfer, guarantee and payment of negotiable rights in the negotiable instrument system are the concretization of the creditor's rights system, and the insurance contract is a typical standard contract in the civil law.

Legal basis: Civil Code of the People's Republic of China

Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

Article 6: Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Article 7: Civil entities engaging in civil activities shall follow the principle of creditworthiness, uphold good faith and truthfulness, and abide by their commitments.

Legal Analysis: 1) Compatibility (Compound): Pants and Shirts 1Compatibility of private law and public law, 2Compatibility of arbitrary law with jus cogens, 3Compatibility of organic and behavioral laws.

2) The for-profit nature of the adjustment object: The for-profit characteristics of some important systems and the establishment of important rules in commercial law must be considered. Minimize transaction costs and institutional costs.

3) The norms of commercial law are highly technical.

4) The international nature of commercial law: 1. Commercial behavior itself is a cross-border activity; 2. Commercial law is international at the beginning of its existence; 3. The technicality of commercial law 4. The emergence of a large number of international treaties and international commercial organizations.

Legal basis: Company Law of the People's Republic of China Article 1 This Law is enacted in order to regulate the organization and behavior of the company, protect the legitimate rights and interests of the company, shareholders and creditors, maintain social and economic order, and promote the development of the socialist market economy.

Partnership Enterprise Law of the People's Republic of China Article 1 This Law is formulated in order to regulate the conduct of partnership enterprises, protect the legitimate rights and interests of partnership enterprises and their partners and creditors, maintain social and economic order, and promote the development of the socialist market economy.

Law of the People's Republic of China on Sole Proprietorship Enterprises》 Article 1 This Law is enacted in accordance with the Constitution in order to regulate the conduct of sole proprietorship enterprises, protect the legitimate rights and interests of investors and creditors of sole proprietorship enterprises, maintain the high order of social and economic order, and promote the development of the socialist market economy.

The concept of civil and commercial law refers to civil law and commercial law

Civil and commercial law refers to civil law and commercial law. Regarding the relationship between civil law and commercial law, there are two types of international law: one is the integration of civil and commercial law, and the other is the separation of civil and commercial law.

The so-called integration of civil and commercial law means that civil law includes commercial law, civil law is the parent law of commercial law, guiding and directing commercial law, and commercial law is a sub-law or special law of civil law, such as Switzerland, Italy and other countries; The so-called separation of civil and commercial law refers to the coexistence of civil law and commercial law, which are two independent departmental laws, usually in addition to the civil code, and commercial codes have been formulated, such as France, Germany and other countries.

China has not yet made a clear explanation of what kind of system it belongs to, but according to the current requirements of China and the development trend of modern civil law, China has adopted a combination of civil and commercial practices.

Introduction to the concept:

Civil law also includes property law and personal law. Property law, theoretically speaking, consists of property law and debt law. The Property Law stipulates the acquisition, alteration and extinction of ownership, usufruct and security interests, as well as the system of possession, co-ownership and adjacency.

The Law of Obligations stipulates the causes of debts, the performance of debts, the transfer of debts, the preservation of debts, and the extinction of debts.

Personal law consists of personality rights law and kinship law, where "body" refers to kinship. The Law stipulates the legal norms of the right to body, life, health, liberty, privacy, name and title, portrait, reputation and honor. In China, the family law refers to the marriage law, inheritance law, adoption law and other legal norms on marriage and family inheritance.

In China, the statutory norms of civil law include: General Provisions of Civil Law, Marriage Law, Inheritance Law, Adoption Law, Property Law, Contract Law, Guarantee Law, Tort Liability Law, etc. Commercial law includes, but is not limited to: enterprise law, insurance law, negotiable instruments law, bankruptcy law, ** law.

In China, the statutory norms of commercial law include: Company Law, Partnership Law, Sole Proprietorship Law, Enterprise Bankruptcy Law, Insurance Law, Negotiable Instruments Law, ** Law, etc.

Nonsense, civil and commercial law includes both civil law and commercial law. In fact, from the perspective of civil law, civil law includes commercial law.

"Generally speaking, the commercial copying law is a special law of civil law. The specific differences are as follows:

1) The subject of adjustment is different: the subject of civil law adjustment is the civil subject (natural person, legal person, other organization, state), and the commercial law adjusts the commercial subject. (natural person, legal person, other organization).

2) The object of adjustment is different: the object of adjustment of the civil law involves all aspects of life. Commercial law regulates only the area of circulation.

3) The legislative purpose is different: the civil law pursues social fairness and justice, while the commercial law focuses on the safety of transactions! (For example, the non-causality of bills in the negotiable instrument law is to ensure the safety of the transaction).

4) Different status in the legal system of the country: civil law is the departmental law of the country, which is the basic law. Commercial law is not, it is the lex specialis of civil law.

5) Different procedures for enactment and amendment: The formulation and revision of civil laws are often done by the National People's Congress, and the Standing Committee can only make partial amendments on the premise that they do not violate the basic principles of the civil law. Commercial law can be formulated and amended by the Standing Committee. "

This is the division of the law in doctrine.

DU class. Traditionally, civil law is emphasized: it generally includes the law of property rights, the law of obligations, and the edition.

Laws and regulations on personal life, marriage and family, and inheritance.

Commercial law was later subdivided with the development of the economy: it mainly adjusts the relationships generated by the business process, mainly including company law, insurance law, negotiable instrument law, etc.

At present, it is generally the integration of civil and commercial law, which is collectively referred to as civil and commercial law.

Civil law should refer to the general principles of civil law of the People's Republic of China, which are common to some of China's civil activities.

DAO Sex Problem.

Specialized legal provisions.

genus, which is the general law in the civil law system. It was amended and adopted by the Fourth Session of the Sixth National People's Congress on April 12, 1986, and came into force on January 1, 1987. There are 9 chapters and 156 articles.

Civil and commercial law refers to civil law and commercial law. Regarding the relationship between civil law and commercial law, there are two forms: one is the integration of civil law and commerce, and the other is the separation of civil and commercial law.

The so-called integration of civil and commercial law means that civil law contains commercial law, which is the parent law of commercial law, and guides and directs commercial law, while commercial law is a sub-law or special law of civil law. Such as Switzerland, Italy and other countries; The so-called separation of civil and commercial law refers to the coexistence of civil law and commercial law, which are two independent departmental laws, usually in addition to the civil code, and commercial codes have been formulated, such as France, Germany and other countries. China has not yet made a clear explanation of what kind of system it belongs to, but according to the current requirements of China and the development trend of modern civil law, China should adopt a combination of civil and commercial examples.

Civil and commercial law refers to civil law and commercial law. Civil law also includes property law and personal law, and commercial law includes but is not limited to: enterprise law, insurance law, negotiable instrument law, bankruptcy law, and ** law.

Regarding the relationship between civil law and commercial law, there are two types of forms: the integration of civil law and commerce and the separation of civil and commercial law

1. Integration of civil and commercial law: It means that civil law includes commercial law, which is the parent law of commercial law, and guides and directs commercial law, while commercial law is a sub-law or special law of civil law. Such as Switzerland, Italy and other countries;

2. Separation of civil and commercial law: refers to the coexistence of civil law and commercial law in two independent and pure slag departmental laws, usually in addition to the civil code, there are also commercial codes, such as France, Germany and other countries as a book.

We have not yet made a clear statement on what kind of form it belongs to.