Student ID No.: 12920201156893
Final Paper
The differences and similarities of the for-profit (commercial) organizations of the People’s Republic of China and
the Republic of Uzbekistan
Kobulov Bahtiyor
School/Institute: Law School
Major: International Law
Date of Submission: 9 February 2021
February 2021
Introduction
It is difficult to imagine the life of modern society without uniting people into groups, various kinds of unions, without combining their personal efforts and capital to achieve certain goals. In order to regulate the participation of collective entities in property and related non-property relations, civil legislation applies a special legal structure – a legal entity that participates in civil turnover and is a subject of civil rights and obligations.
The reasons for the emergence of the institution of a legal entity, as well as the reasons for the emergence and evolution of law, are due to the complication of the social organization of society, the development of economic relations and, subsequently, public consciousness. In the process of development of society, the legal regulation of relations with the participation of individuals alone as the sole subjects of private law proved insufficient for the developing economic turnover.
The importance of the institution of a legal entity increased in the XX century. This growth was due to the complexity of infrastructure and the internationalization of entrepreneurial activity, the expansion of state intervention in the economy and the emergence of new information technologies.
The transition to a market economy required the development of legislative and subordinate regulations defining the legal foundations and conditions for the functioning of legal entities, primarily legal entities that play an important role in the development of the Republic of Uzbekistan and Chinese economy.
The institution of a legal entity is one of the main institutions of the civil law system enshrined in the Civil Code of the Republic of Uzbekistan, China and the laws supplementing it. Legal entities, like other subjects of civil law, have various rights and obligations. The relevance of the chosen topic lies in the fact that in the conditions of a developing Uzbek, Chinese society, it is important to study the characteristics of the types of for-profit (commercial)whose viability has been proven and recognized. Classification of legal entities in the Civil Codes of the Republic of Uzbekistan and Chinaare of great practical importance, because the attribution of the relevant type of legal entities to a particular group determines its special legal regime.
The purpose of this work is to clarify the concept of a legal entity, to study the organizational and legal forms of legal entities provided for by legislation, ways of participation of various types of legal entities in property turnover and their responsibility.
While writing this work, formal legal, comparative legal research methods were applied.
The study was supposed to solve the following tasks:
1) To study the literature on the research for-profit (commercial)organizations.
2) Find out the criteria on the basis of which for-profit (commercial)organizations are classified in the existing Uzbek-Chinese legislations.
3) To characterize the main types of for-profit (commercial) organizations provided for by the legislation of the both states, based on their inherent properties.
To achieve this goal, the material proposed in the work is systematized as follows: in the first chapter, the provisions defining the concept, signs of legal entities are given, the content and scope of the legal capacity of a legal entity are considered. The second and subchapters of the work are devoted to the study and description of the main civil forms of legal entities.
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