On The Unincorporated Organizations In The General Principles Of Civil Law Of Our Country

The fourth chapter of the general principles of civil law specially provides for unincorporated organizations in 7 provisions from provisions102 th to 108 th.Unincorporated organizations become the third civil subject side by side with corporations and natural persons.However,in order to accurately understand the seven law articles in a chapter of unincorporated associations and in order to provide guidance for practice,the relationship between unincorporated organizations and other organizations,how unincorporated organizations should be established and terminated,whether they have the capability for rights and liability,and how laws should be applied and so on,which need to be discussed in theory.This article will intensively analyze the seven law provisions of the fourth chapter in the General Principles of Civil Law.In the writing thinking,this article interprets according to the order of the law provisions with a hope to help people accurately understand and apply law provisions of unincorporated organizations in the General Principles of Civil Law.In the writing method,this article uses the document analysis,comparison analysis and so on.In the interpretation of the law provisions,this article mainly adopts the historical analysis,the interpretation of textual interpretation,system explanation,purpose explanation,vulnerability supplement and so on.For the article structure,in addition to the introduction and conclusion,the text includes five parts.The first part analyzes the necessity of establishing the unincorporated organization's civil subject status in our country.The General Principles of Civil Law establish unincorporated organizations which conforms the diversified development trend of civil subject system.Unincorporated organizations are different from other organizations.However there is no intrinsic difference between unincorporated organizations and unincorporated groups.Unincorporated organizations have four characteristics,including organizational,their own names,the relative independence of property,thejoint liability of the investor.As the third civil subject,unincorporated organizations are beneficial to achieving freedom of association and meeting the needs of practice.The second part analyzes the scope of unincorporated organizations.This part firstly analyzes the relationship between the unincorporated organization and other organizations in other laws.The scope of the unincorporated organization should draw lessons from the scope of other organizations in the sense of civil subject.Then,in addition to the three categories clearly listed in the “General Principles of Civil Law”,the specific scope of unincorporated organizations also includes foreign-funded enterprises and chinese-foreign cooperative enterprises without corporation qualification,relatively independent branch of corporation,proprietors' committees and so on.The third part analyzes the establishment and termination of unincorporated organizations.The requirements for the establishment of unincorporated organizations include substantive requirements and formal requirements.Substantive requirements of unincorporated organizations include their own name,organizational structure,domicile,relative independent property or funds,And the formal requirements include registration or approval.The dissolution' causes of unincorporated organizations include the provisions of association,the decision from investors or the founders and the other provisions of the law.If the single law does not stipulate the liquidation of an unincorporated organization,the general provisions of corporation shall be referred to.The fourth part analyzes the capability for rights and liability of unincorporated organizations.On the one hand,by analyzing the meaning of capability for rights,capability for rights,capability for liability and litigation,this article concludes that the unincorporated organizations have the capability for rights.On the other hand,the doctrine of capability for liability mainly includes the theory about capability for civil rights in broad sense,the theory about capability for civil conduct in broad sense,the theory about capability for property liability,the theory about capability for subjectqualification,the theory about capability for fault.By analyzing the capability for liability of unincorporated organizations under different doctrines,it is concluded that unincorporated organizations have the capability for liability.The fifth part analyzes the law application of the unincorporated organization on the basis of Provisions 108 th of the General Principles of Civil Law.By comparing and analyzing the provisions of unincorporated organization and the general provisions of corporation in the general principles of civil law,this part makes clear that the provisions of the 19 provisions of the general provisions of corporation should be applied to the unincorporated organizations.In addition,the General Principles of Civil Law did not use specific provisions which stipulate reference to nonprofit corporation in chapter third.However,due to the lack of specific laws about regulating non-profit unincorporated organizations at the present stage in our country,the non-profit unincorporated organizations should flexibly apply specific provisions of a section of the nonprofit corporation.