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Who owns the former residence of historical celebrities? If the ownership belongs to the individual, how can the scenic spot get the management right from the individual?
Legal analysis
Ownership: Ownership refers to the right of all people to possess, use, benefit and dispose of scenic property according to law. It is a kind of property right, so it is also called property ownership. Ownership is the most important and complete right in real right, which has three characteristics: absoluteness, exclusiveness and sustainability. The specific content includes four rights: possession, use, income and disposal. The difference between property right and ownership is that property right is a big concept and property right includes ownership. Real estate ownership is only one of the main types of real estate right. Management right: refers to the absolute control and management right of the controlling party to the enterprise. Enterprise ownership is the right of all people to possess, use, benefit and dispose of their own property according to law. It is the dominant force over the purpose, object, means, methods and results of productive labor. It is a kind of property right, so it is also called property ownership. Modern enterprise theorists believe that "enterprise ownership" is the residual claim and control right of an enterprise, and it is unscientific to who owns it according to the different state of enterprise operation. The essence of residual claim and residual control right is the property right existing in the enterprise rather than the real enterprise ownership; Real enterprise ownership refers to the ownership of enterprise investors. Enterprise management right is granted by enterprise managers according to the principle of authorization, and its essence is the executive power or executive power of enterprise managers to make decisions. Enterprise management power is generally composed of enterprise planning power, organization power, leadership power and control power.
legal ground
Regulations of People's Republic of China (PRC) Municipality on the Administration of Enterprise Legal Person Registration
Article 2 The following enterprises with legal person status shall register as legal persons in accordance with the provisions of these Regulations: (1) Enterprises owned by the whole people; (2) Enterprises under collective ownership; (3) Joint ventures; (4) Chinese-foreign equity joint ventures, Chinese-foreign cooperative ventures and foreign-funded enterprises established within the territory of People's Republic of China (PRC); (5) private enterprises; (six) other enterprises that need to be registered as legal persons according to law.
Article 10 An enterprise as a legal person can only use one name. The name of an enterprise as a legal person applying for registration shall be approved by the registration authority, and after approval and registration, it shall enjoy the exclusive right within the prescribed scope. To apply for the establishment of Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises, an application for enterprise name registration shall be made to the registration authority before the contract and articles of association are examined and approved.
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