Research On The Civil Subject Position Of Partnership

There still exists distinction on how Civil Code positions partnership and further constructs the basic structure future civil subject. This thesis, by means of diachronic and contrastive research method, is to analyze and probe into partners'civil subject position combining with general philosophical theory and logics, to benefit the reasonable construction of civil subject system in China. Totally there are six sections in the dissertation:Section one: Through careful observation of actual legislation, it is concluded that partnership has not got its civil subject position. By researching the present theoretical views of civil subject position, the main problems concerned with civil subject position are partnership itself, whether to legalize partners'civil subject position and its reasons, and how to locate the place of partnership in civil subject structure system, educing the research object, method and route of this thesis.Section two: With the development of society and economy, partnership diversified because of the polarization of partnership. According to the characteristic of partnership's internalized structure, all forms of partnership follows into two types: contract partnership and Congregationalist partnership,and expound the reason of this kind of distinction.Section three: Differentiate the concept of"civil subject standard"itself, holding the view that the definition of judgment standard, endowment standard and foundation standard should be included. Distinguish the natural person and corporation's endowment standard and foundation standard. Dissertate the legislation obstacles of partnership's acquisition of civil subject position and the reason for breaking through these obstacles.Section four: Through the analysis of law context, the thesis is to distinct natural existence and legal existence, to commentate on the essential views of traditional corporation, to induce the essence of the two kinds of civil subject, on the basis of these, to draw a conclusion that the essence of partnership and corporation is the same.Section five: By the study of history and reality of partnership and corporation, it is discovered that members'unlimited liability of corporation is not characterized by partnership, and all the limited liability is not characterized by corporation, that is,...