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What are the differences between legal person's capacity and natural person's capacity?

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What are the differences between legal person's capacity and natural person's capacity?


        

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  • 2024-06-14 17:00:04

    What are the differences between legal person's capacity and natural person's capacity? The differences are as follows: (1) The capacity for civil conduct of a legal person is generated from its establishment to its termination. The civil capacity of a natural person must have a certain age and mental state to obtain it. According to the provisions of the Civil Code: except for the mentally ill, citizens who have reached the age of 18 are people with full civil capacity; Citizens over the age of 10 and under the age of 18 are persons with limited capacity for civil conduct; A citizen under the age of 10 is a person without capacity for civil conduct. (2) The scope of a legal person's capacity for civil conduct is always consistent with its capacity for civil rights. That is to say, legal persons must carry out activities within the business scope stipulated by laws and decrees or approved for registration, and assume their obligations to the state and society. If the civil act of a legal person is beyond the scope of its capacity for civil rights, the act is invalid, and it also bears the corresponding civil liability. In contrast, the capacity for civil conduct of natural persons is not generated at the same time as their capacity for civil rights, and their scope may not be consistent. (3) As a legal person is a social organization, it is impossible for the organization itself to carry out civil acts. Therefore, the civil capacity of a legal person is realized through the acts of its legal representative or agent. The civil capacity of a natural person can be realized through his own behavior. Natural person's civil capacity: full civil capacity: citizens over the age of 18; Citizens over the age of 16 but under the age of 18 who take their own labor income as their main source of income shall have full civil capacity. Limited capacity for civil conduct: minors over the age of 10; A mentally ill person who cannot recognize his own conduct is a person with limited capacity for civil conduct. They can carry out civil activities appropriate to their age and intelligence. No capacity for civil conduct. Minors under the age of 10; All mental patients who cannot recognize their own conduct are persons without capacity for civil conduct. The scope of a legal person's capacity for civil rights is consistent with that of its capacity for civil conduct. A legal person has the capacity for civil rights since its establishment; The capacity for civil rights shall be extinguished until the legal person terminates. When a legal person enjoys the capacity for civil rights, it also has the capacity for civil conduct.
    According to Article 57 of the Civil Code, a legal person is an organization that has the capacity for civil rights and civil conduct and independently enjoys civil rights and assumes civil obligations according to law. Article 59 The capacity for civil rights and capacity for civil conduct of a legal person shall arise at the time of its establishment and expire at the time of its termination. Article 18 An adult, who is a person with full capacity for civil conduct, may independently perform civil juristic acts. Minors over the age of 16 who take their own labor income as their main source of income shall be regarded as persons with full capacity for civil conduct.

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