1. What does a legal person mean?
1. A legal person refers to a social organization that has the capacity for civil rights and civil conduct and can independently assume civil obligations and enjoy civil rights in accordance with the law. A legal fictional person is a means for natural persons to achieve a specific purpose. It has independent property and is divided into a for-profit legal person and a non-profit legal person according to its purpose of establishment.
2. Legal basis: Article 57 of the "People's Republic of China and Civil Code"
A legal person has the capacity for civil rights and civil conduct, and independently enjoys civil rights and responsibilities in accordance with the law. Organization of civil obligations. This kind of organization can be either a combined group of people or a property organized for a special purpose. Fundamentally speaking, legal persons, like other organizations, are means for natural persons to achieve their own specific goals. They are products of legal technology, and their existence fundamentally reduces the burden of natural persons in social interactions. The law recognizes legal persons as civil subjects and is intended to provide effective legal tools for natural persons to fully realize themselves.
2. Characteristics of legal persons
1. The legal representative of a legal person is stipulated by law or the legal person’s articles of association;
2. The legal representative of a legal person A person is the person in charge who exercises authority on behalf of a legal person;
3. The legal representative is a natural person who carries out civil activities on behalf of a legal person. The legal representative can only be a natural person, and the natural person only has this status when engaging in civil activities and civil litigation activities on behalf of the legal person;
The internal relationship between the legal representative and the corporate legal person is often a labor contract relationship, so the legal representative falls into the category of employee. However, in terms of external relations, when a legal representative conducts civil activities in the name of a legal person, the relationship between the legal representative and the legal person is not an agency relationship, but a representative relationship, and its representative power comes from the explicit authorization of the law, so there is no need for a separate power of attorney from the legal person. . Therefore, the external official behavior of the legal representative is the behavior of the legal person, and the consequences shall be borne by the legal person. Furthermore, a legal person shall not use the internal authority restrictions on its legal representative against bona fide third parties. ?
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