The Law Of Bankruptcy Of Partnership Enterprises System In China

Partnership enterprises are playing an important role in market economy activity in our county, but current Bankruptcy law disavowals Partnership enterprise as one of bankruptcy corpuses . The dissertation discusses some problems relating to the bankruptcy of partnership enterprises by comparatively analyzing foreign related provisions and combining the concrete the circumstance in our county. the dissertation gives an introduction of writing background, purpose, meaning and innovation. To start with the understanding of the history and the purposes of partnership enterprises bankruptcy system, this article presents a further understanding the meaning of the bankruptcy system of partnership enterprise in our country's development of market economy.This article introduces the research of current situation and legal provisions of the foreign bankruptcy of partnership enterprises. Then, it compares the reason why the company and partnership enterprise produce the bankrupt question, analyzes two kinds of theories of the bankrupt question of partnership enterprise, and explains the current legislation situation of bankruptcy of partnership enterprise in our country. Two questions should be solved, one is what should be the reasons of the bankruptcy of partnership enterprise; and the other is whether the property of partnership enterprise which is the judgment of bankruptcy involves the partner's personal property. And following, the dissertation points out that partnership enterprises are not able to repay their due debt certainly results in their bankruptcy while it is the special cause of bankruptcy that the properties of partnership enterprises do not repay all their depts.In view of the specialty of the bankruptcy of partnership enterprises the dissertation has a discussion about the conditions that the application of bankruptcy put forward voluntarily and involuntarily should satisfy. Then, our law should regulates the voluntarily application can be put forward when all the partners agree with it, and restricts creditors who apply for the bankruptcy, the author points out.And then comparing jurisdiction abroad, the dissertation believes that our law should adopt the merger jurisdiction and regulate the court is Intermediate People Court where partnership enterprises register. To avoid the applicant abusing the application right, the court should carry on the procedural to the bankrupt application examination when the partnership enterprise applying bankruptcy.At last, this article points out the property range of partnership enterprises, distinguish the different property of partnership enterprises and partners' and compares the different between property of partnership enterprises and the property of enterprise. Properties shall be limited to the own assets of the partnership enterprises. The dissertation affirms the exonerating liability of bankruptcy on basis of discussing the controversy concerning it, then analyzing some special problems on it . The author believes that our law sets up the exonerating liability system and strictly defines the conditions of exonerating liability, because there are shortages in our law in regard of the exonerating liability of bankruptcy.