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Research On The System Of Implicit Partnership In China

Posted on:2015-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
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In practice,with the rapid development of China’s market economy,people are becoming more and more limited to a general partnership,a limited partnership the two forms of partnership,it appears there has been a lot of investment,revenue-sharing and behind the scenes are limited to contributions of investor losses,is the article to study implicit partnership.Our law does not mandate a dormant that the occurrence of such disputes without legal requirements lead to solve the contradiction.Civil law countries,such as Germany,and France,and Japan,common law countries,such as the United Kingdom and the United States,as well as China’s Taiwan region these provisions the implicit partnership.Article largely appears dormant partnership disputes in the first place to start,and then argues China should establish a system of implicit partnership and finally put forward some opinions on the system.The article altogether is divided into five parts:In part one,mainly through the practice and analysis on a case of,several comments that may occur,which lead to implicit partnership.The second part was the use of comparative analysis,the implicit partnership with General partnerships,limited partnerships and private lending for comparison,sought to identify the boundaries between them,in order to clearly grasp the definition and characteristics of implicit partnership.The part to comment on the viewpoints defined implicit partnership,summed up the dormant partnership as a special partnership.Third part introduces the civil law countries,common law countries and in Taiwan’s legislative mode and the implicit partnership.This section comments on the provision in these countries and regions were to identify highlights provisions of part,aims to reference later in China laid the groundwork.Current provisions of part IV focuses on partnership-justification and without implicit partnership requirements.Description and use value analysis method to establish the economic value of implicit partnership with legal value.Which for those not in favour of implicit partnership into law point of view of analysis and rebuttal arguments in case of system defect in China should establish a dormant partnership.Mainly draw on part v part III legislation of other countries and regions on the implicit partnership model to explore suitable legislative model of implicit partnership.Comments on the ideas raised by some scholars,and experiences of other countries and regions with advanced legislative technique proposed legislative model:the new judicial interpretations,follow the lead of the French civil code,establishing the uniform Partnership Act,amendment of partnership enterprise law,learn from China’s Taiwan in the contract law of the provisions of the civil code.And few ideas against the disadvantages,save out of analysis.Dormant partnership is then legal relations and put forward some opinions on the construction of legal liability.Articles of new of views main reflected in:the first one is in will implicit name partnership and other similar system for comparison analysis Shi in predecessors of based above made has themselves of some views;the second one is full to summary has continental law Department national,and British beauty Law Department national and my Taiwan on implicit name partnership provides,and be analysis find has which with features of Department;third one is on denied implicit name partnership into law of views for has comments on,and be denied;fourth one is on some scholars made of my implicit name partnership of legislation ideas for has comments on,Put forward their views;fifth one is based on the previous system of implicit partnership (legal relationship and legal responsibilities) put forward their opinions.
Keywords/Search Tags:Dormant partnership, General partnership, Limited partnership, Private lending, Thelegislative mode
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