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Analysis Of The Legal Status Of An Unincorporated Body

Posted on:2008-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:S Q LiFull Text:PDF
GTID:2206360212992988Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Analysis of the legal status of unincorporated group is ofgreat significance for civil construction and improvement of the main theory. China's《General Principles of Civil Law》divides civil subject into natural and corporate. It also provides some special civil entities. Such as "a group of two families" and "Heguoxinglianying" and "type joint venture of contract. " But there are a lot of unincorporated groups in real life which did not make provisions.In the first part of this paper, the writer analyses the current situation about the legal status of the unincorporated group. We can see from China's national legislature and the other country's legislations, there are not uninvorporated groups and the main body of civil litigation withthe main system runs counter to the main system.To solve these two problems,it is imperative to recognize the legalstatus of the unincorporated group. The article discussed in details on the theoretical foundation of the unincorporated group. In the second part, the writer analyses from the evolution history of the civil subject to open civilsubject then is an analysis ofthe main criteria for civil. Civil right is the main character. In the third part of the article, the writer analyzes the necessary analysis ofthe unincorporated groups becoming civil subject and thinkthat the unincorporated groups are the independent social existence. Because the unincorporated group has its own name, its asset has relative independence and it has itsown function to form the independent means. At the same time they think it isthe necessary law choice to give the unincorporated group civil subject status. Participants to the empowerment of social intercourse legal personalityis the right material of living conditions that human can resist and block. It can solve the Legislative conflicts,help to simplify the legal relationship, promote the speed of the transaction, cost savings. Part IV of the article isfor the legal system building of the unincorporated group. Organizations should make it clear that the legal status of the unincorporated group in the Civil Code And in theactual design, the writer thinks that the definition , the establishment elements ,the scope, rights and obligations of the unincorporated group should be included. The writer points finally that since it has become the common aspiration of the people in the world to purchase the maximumequal personal happiness,law should help it come true fromthe natural human desire to this wonderful real course andpromote it to the biggest development of the human welfare. In a particular period of history , As a natural individualit can form a harmonious living structure with the groups.Thus contributing to the good wishes of asingle individualpursuit of individual happiness Well, we should certainly admit legally the existence of such groups. Give it legal status. As a natural, the unincorporated group should be involved in civil law to participate independently the main action in order to achieve the special purpose andto protect better the interests of unincorporated organization and the interests of the whole society .
Keywords/Search Tags:Unincorporated group, Civil main subject, Corporate, Personality, Ability rights
PDF Full Text Request
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