Capacity For Civil Conduct Of Juristic Person

In our country present civil law theory,introduces the basic theory of legal person when there is a common tendency of thinking,which is the natural analogy,to try to reveal the civil main body are similar to the natural person's unique properties.Thus,in the civil law theory in our country also is almost a consensus view,which holds that legal behavior ability have the characteristics of three different from a natural person,legal person rights and behavior ability on enjoy time consistency;The two are consistent in scope;The capacity of a legal person shall be realized by an organ or a representative.But that follow will produce a lot of related issues,such as capacity since legal rights and behavior in a consistent time and scale,so we on legal person such a kind of special civil subject ability to distinguish between right and behavior and unnecessary;If the aforementioned distinction is necessary,the scope of the legal person's purpose is to the legal person,whether it is the limitation of his capacity or the limitation of his ability to act;As the relationship between legal person and legal person,which is related to the capacity of legal person,what should be the relationship between the legal person and the legal person? Why the traditional civil law will produce the argument of the representative and the representative;The problem of legal person's capacity is not necessarily connected with people's essential understanding of legal person.These questions should be taken for granted.Thesis at the beginning of the thesis precisely because the author found a series of problems in the process of learning the basic theoretical knowledge of the system and thus the intention of writing.Starting from the basic concept of legal person's ability of action,this paper traces back to the emergence and development of the concept of ability of behavior.In the process of comparing the legal person's ability of ability with the legal person's right ability and the related concept of natural person's ability,The uniqueness of competence: The legal person's ability to act and the ability of rights are not exactly the same,no matter in terms of time,content or scope,there are inconsistencies.It is precisely because of the unique characteristics of these legal persons that legal persons have their own value of existence.The system of legal person capacity in our legal system is not intended toestablish a complete system framework but to be based on the existence and practical value of its existence,The most obvious of which is the influence of legal person's behavior and consequences.This is similar to that of a natural person.The difference in legal person's ability to act determines the effectiveness of a legal person in making legal acts abroad.The main factors restricting the legal person's ability to act are restrictions on laws and regulations,restrictions on the type of legal person,restrictions on the establishment of a legal person and In short,the legal person's ability to act varies according to the specific legal person.Each of them has a close correlation with the legal person's own characteristics,which is the main point of this article.