Studies In The Legal System Of Dormant Partnership

Dormant partnership emerged in Commenda act of Middle Ages, it is a special partnership system and fitter for the development of medium and small-sized enterprises.Many states and areas of continental legal system have provided dormant partnership system, such as Germany; France; Japan and Taiwan province in China. Dormant partnership promoted economy development in these countries with its own charm and is still effective. There are kinds of dormant partnership since we put market economy into practice; they carry a series of problems when promoting the economy development. We should face the social phenomenon in a right way and induce it with relevant legal system.We discuss the basic theories of Dormant partnership and exhibit its particular worth through compare it with another similar system.We analyze the reason of its emergency. The reason of the emergence of Dormant partnership includes system limitation; the specialty of market economy and the interest essentiality of market subject. All this make the phenomenon of Dormant partnership prevail. Enumerate the predominant function of Dormant partnership. At the same time it accord with the request of autonomy of the will that modern market economy and contract need.Based on the other countries legislation modes of continental law system and the existence possibility of dormant partnership system in our state, we put forward the conceive of dormant partnership in our state: We can not regulate the dormant partnership as a kind of subject but as a named contract in contract law area with respecting the market economy and autonomy of the will principles in contract law, using contract law regulate the dormant partnership as well. We hope the analysis of this article will find out the special function of dormant partnership, thus to enlighten its system in our state.