Research On The Civil Legal Status Of The Branch Company After The Enforcement Of The General Provisions Of The Civil Law

The civil legal status of the branch company,as a legal person's affiliate,has continuously been controversial in theory and practice.The General Provisions of the Civil Law,the basic civil law,directly confirms the legal person's affiliate as a civil subject,which brings some impact and influence to theory and practice.Compared with The Corporation Law,the General Provisions of the Civil Law betters the way branch companies taking responsibilities.However,the third kind of civil subjects,provided by the General Provisions of the Civil Law,does not include affiliate,which leaves rooms for the theoretical circle's discussion.How to clarify the civil legal status of the branch company,as a legal person's affiliate,in theory and practice has been an important issue after the enforcement of the General Provisions of the Civil Law.This thesis mainly discusses the civil legal status of the branch company after the enforcement of The General Provisions of the Civil Law from four dimensions.The first part discusses the particularity of the branch company as a civil subject from establishment,name and property.The second part discusses the civil substantive legal status of the branch company,mainly from the following perspectives such as the qualifications of civil subject,capacity for civil rights,capacity for civil conduct,capacity for civil liability and civil legal duty.According to the article 74 of The General Provisions of the Civil Law,although the legal person's affiliate can participate in civil activities in its own name,it cannot fully assume its responsibility.However,it is possible that the property managed by the branch company bears the civil liability,and the company as a legal person bears the remaining of it.Although the branch company cannot bear its civil responsibility independently,it does not affect its civil substantive legal status.The article 74 of The General Provisions of the Civil Law actually adds an optional pattern to the responsibility of the article 14 of The Corporation Law,but how to choose in actual operation still needs to be clarified.In the end,this part discusses the particularity of the legal relationship established by the branch company with the contract relativity and the tort liability of the incomplete civil capacity.The third part discusses the civil litigation status from the relationship of litigation status between the branch company and its parent company,processing of litigation between the branch companies,agreement jurisdiction,preservation,liability judgments and enforcement.Owing to less controversy in theory than in substantive law,the discussion is mainly on the practical level,highlighting the problems in judicial practice.The fourth part discusses whether the branch company is an unincorporated organization,leading to the relationship between other organizations and unincorporated organizations.Looking into the inner nature and outer scope of them,they should point to the same thing.Then the branch company should be designated as an unincorporated organization,contributing to the construction of legal system and the application of judicial practice.