According to the 2015 Adult College Entrance Examination Upgrading from junior college to junior college Civil law examination outline, Guangzhou Chengkao.com Our editor carefully prepared<<2015 Adult college entrance examination Summary of civil law examination points 5>>, hoping to help the examinees.

custody

（1） Concept of guardianship

The legal system established to protect the personal rights, property rights and other legal rights of persons without or with limited capacity for civil conduct shall be supervised, managed and protected by designated persons.

（2） Setting of guardians

① Legal guardianship (group guardianship);

② Designated guardianship;

③ Testamentary guardianship;

④ Voluntary guardianship approved by the competent organization;

（3） Guardianship qualification

1. Guardians of minors

2. Guardians of mental patients

Duties and responsibilities of guardians

(1) Main responsibilities of the guardian:

1. Protect the physical health of the ward and prevent his/her right to life and health from being illegally infringed;

2. Take care of the life of the ward and ensure the basic needs of the ward in life;

3. Manage and protect the property of the ward, and ensure that its property is not infringed by law. Can dispose of his property for the benefit of his ward;

4. Acting as guardian in civil activities;

5. Manage and educate the ward to ensure the physical and mental development and growth of the ward;

6. Acting for the ward in litigation.

(2) Main responsibilities of guardians:

1. Be liable for civil compensation for the torts committed by the ward when the guardian fails to perform his duty of guardianship;

2. If the guardian infringes upon the interests of the ward by failing to perform his guardianship duties, he shall bear civil liability.

Legal documents proving citizenship and residence of citizens

1. Household registration

Household registration is the most basic legal document to determine the civil legal status of citizens.

The household registration mainly determines the following facts: name and its change, birth, residence, adoption, marital status, death or declaration of death, which is an important means for the country to implement population management and the basic basis for formulating population and other policies.

2. Resident ID card

The resident identity card is an important legal document to record the name, gender, nationality, residence, birth time, etc. of the residents and to prove the personal identity of citizens. It provides great convenience for residents' activities and social management.

3. Domicile

Residence is the habitual residence of citizens and the main base and central place of citizens' life and activities.

The domicile of a citizen shall be the place of residence.

If a citizen's habitual residence is different from his domicile, the residence where he has lived continuously for one year or more shall be deemed as his residence.

Individual partnership

（1） Concept and characteristics of partnership

1. Concept

An economic consortium in which two or more citizens, in accordance with the agreement, respectively provide funds, material objects, technology and other conditions to operate in partnership and work together. The citizen who forms a partnership is a partner; An organization composed of partners is called a partnership.

2. Features

(1) The establishment of the partnership is based on the partnership agreement;

(2) Partners must participate in business or labor;

(3) Partners jointly contribute or provide conditions;

(4) Partners share interests together;

(5) Partners share risks.

（2） Partnership Agreement

An agreement signed by the partners to clarify the partnership affairs and the rights and obligations of individual partners.

To establish a partnership, a written partnership agreement shall be signed.

（3） Partnership property

The source of partnership property and the contribution of partners and their accumulation in the course of operation.

The property contributed by partners to the partnership shall be under the joint control and use of the partners;

The property accumulated by the partnership in the course of operation shall be jointly owned by the partners;

When the partnership is dissolved, the partnership property shall be distributed by the partners in proportion.

（4） Partnership operation

The business activities of a partnership shall be jointly decided by the partners, who have the right to execute and supervise.

Partner in charge: Partners may elect a person in charge. All partners shall bear joint and several civil liability for the business activities carried out by the responsible person on behalf of the partnership.

（5） Partnership debt

Partners shall bear unlimited joint and several liability for partnership debts; The internal partners shall bear the proportion as agreed in the partnership agreement.

（6） Joining and quitting

1. Joining the gang

After the establishment of the partnership, the third person shall join the partnership and obtain the qualification of partner.

Joining the partnership must be agreed by all partners. After joining the partnership, the new partner shall assume the same obligations and enjoy the same rights as the original partner.

2. Withdrawal

When a partner leaves the partnership, he loses his qualification as a partner.

There are strict restrictions on withdrawal:

It is not allowed to withdraw from the partnership at a time detrimental to the partnership;

The withdrawal shall not affect the normal conduct of partnership affairs;

Distribute its share according to the net assets of the partnership at the time of withdrawal;

They shall still bear unlimited joint and several liability for the debts before withdrawing from the partnership.

（7） Difference between individual partnership and partnership

Partnership: a for-profit organization in which all partners sign a partnership agreement to jointly make capital contributions, operate in partnership, share interests and risks, and bear unlimited joint and several liability for partnership debts.

A partnership is a partnership with the nature of an enterprise, which must meet specific requirements and forms.

Concept and characteristics of legal person

1. Concept of legal person

A social organization that has the capacity for civil rights and civil conduct and independently enjoys civil rights and assumes civil obligations according to law.

2. Characteristics of legal person

(1) Legally established;

(2) Have necessary property or funds;

(3) Having its own name, organization and place;

(4) Be able to bear civil liability independently.