On The Establishment Requirements Of Donor Legal Persons In China

Centered on donation-based legal person,which is a new t ype of legal person under the General Provisions of the Civil Law of the PRC,this paper aim s to understand the position of donation-based legal person under the new legal person classification system by exploring th e boundaries between donation-based legal person and other legal person t ypes,and th en to inv estigate the s tructure of legal person system in Chinese Civil Law.In addition,by referring to the civil law theory of different countries and regions,this paper adopts a comparative analysis method to study the relevant provisions of civil law in China and other countries or regions of the civil law system;and to explore the uniqueness of the formation of donation-based legal person,the sim ilarity and differences in the for mation elements of donation-based legal person and foundation.Donation-based legal person and foundation sh are similarities in the elements of formation,including donation,specific pu rpose and adm inistrative permit.The characteristic of donation-based legal person lies in the non-profit a nd public welfare purposes.Germany civil law,as a typical example,does not require a foundation to be formed for public welfare purpose.Although Japanese civil law embraces the criteria of non-profit and for-profit as China does,it is the non-profit not public welfare that is the purpose of a foundation.Besides,the formation of donation-based legal person presents distinct phases.The first phase is th e formation and validation of the donation;the second phase is the establishment of the don ation-based legal person;the last pha se is the registration process.The latter characteristic determines the differences of participants and their rights and obligations in different phases,which therefore determines the characteristic of the donation,such as the inform ality and irrevocability.