Dormant Partnership In Civil Law System And Using For Reference

Dormant partnership, which is a special pattern of partnership, has a long history in civil law system. At first, it is derived from Arab, and came to Commenda contract in the middle ages of Europe. Then, the countries or areas of civil law system, such as Germany, France, Japan and TaiWan of our country established this system and radicate its juridical status. Dormant partnership has a feature of flexibility in form, stability in cooperative relationship, mixed character in cooperative responsibility and wide using, fits varied demands of investors, and accelerate the economy developing in these countries from it came into being. Even though the company system has developed rapidly nowadays, dormant partnership is not out of decline, on the contrary, it has a important position and become a kind pf means of available financing by minor corporations. But in our country, actually, there Exist a great deal of relations of dormant partnership, but they are still confronted in the justice practice, and there are lack of relative regulations, too. This article using comparative research to analyse the importance and feasibility of transplantation of dormant partnership. Trying to reveal how to establish dormant partnership legislative systems concerning reality of our country.Three chapters are organized in this article.The first chapter is an outline of dormant partnership' s history and actuality. To study a system, we can' t chop up it' s history relationship. This chapter divide the history of dormant partnership to two different period: the first is recent dormant partnership, the second is modern dormant partnership. After that we use economic angle analysis conceals an identity the value which a dormant partnership has. This part is in order to say the reason that we shall establish a dormant partnership system in our country. Finally, for clear off the concept, to compare...