Study Of The Partnership Property And Debt Settlement Legal Issues

Property and debts repaying are two very important issues in enterprise law. There are lots of flaws in our partnership enterprise law, some issues can't be finded in our legislation, and some are not legislated with detail and clear word. At the same time, scholars' view on them are not consistent. The writer attempt to detailedly study the two issues, to discuss them theoretically, then give some legislation suggestion.In chapter one, the writer analyze the concept of the partnership enterprise property. After comparing and analyzing, the writer think that the partnership enterprise property is composed by the partners' investment and the property accumulated of the partnership enterprise in the period of continued existence of it. And it conclude real right, right, benefit, but the labor is an exception. Then the write analyze the investment of the partners, on the basis of analyzing, the write consider that goodwill and omission can be invested by partners. The writer suggest that we should explicitly stipulate it.In chapter two, the writer detailedly study the legal quality of the partnership enterprise property. The writer think that the investment is co-owned or quasi-co-owned by partners, and labor is an exception. The property accumulated, if it is used to expand produce, then it is co-owned or quasi-co-owned by partners, if it is used to be divided by partners, then it is common-owned or quasi-common-owned by partners.In the chapter three, the writer define and classify the obligations of partnership and general principles of the debts repaying. The writer think on partnership debts repaying, liabilities and the orders of the repaying. The writer think that it's quite reasonable for Chinese law to adopt unlimited jointly and separately liabilities and compensating liabilities. On repaying orders of partnership company and it's partners, there is no related regulations in Chinese law, in future legislation, we should insist in dual priority principle. On the proportion of the partnership debts...