Job Recruitment Website - Property management - The property management company changed its name. Is the original contract valid?
The property management company changed its name. Is the original contract valid?
Legal analysis
The company under establishment is a special temporary organization form, which must go through several continuous steps and then register before it can finally obtain the legal person qualification. According to the relevant principles of China's Company Law, the company under establishment belongs to the company under establishment in terms of internal relations, the capital contribution of the investor and the property obtained for the company under establishment due to certain legal acts, and the company under establishment has limited rights and capacity in external relations. The rights of the company under establishment shall be determined by the articles of association or signed by the promoters, and shall be exercised within the scope of establishment of the company. Moreover, from the actual situation, the established company has accepted the capital contribution of shareholders, has its own independent property and enjoys the property rights formed by investment. A company under construction may engage in the activities of establishing a company in its own name. In the process of establishment, it is the subject who enjoys rights, undertakes obligations and responsibilities within a certain range and has limited legal personality. Renaming is different from contract change. In fact, the signing subject and rights and obligations of a company have not changed, and contract change is a phenomenon that the subject remains unchanged but the rights and obligations change, which belongs to the change of contract content. Such as the quantity or quality, specification, amount, performance time, performance place, performance method and other aspects of the contract change. After a contract is effectively established, its subject and content may change due to a certain legal fact. The change of contract content can be manifested as the change of one or more contract contents such as the quantity or quality, specifications, price amount or calculation method, performance time, performance place and performance method of the subject matter of the contract. The change of the contract is a partial change to the content of the contract and a non-fundamental change to the contract. In the case of non-fundamental changes, the nature of the changed contractual relationship and the original contractual relationship remains unchanged.
legal ground
Article 33 of the Labor Contract Law of People's Republic of China (PRC) * * * If the employer changes its name, legal representative, principal responsible person or investor, the performance of the labor contract will not be affected.
Article 532 of the Civil Code of People's Republic of China (PRC) * * * After the contract comes into effect, the parties shall not fail to perform their contractual obligations due to the change of their names or legal representatives, responsible persons and contractors.
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