Partnership Enterprise Bankruptcy Law Research

Partnership enterprises play an important role in market economy activity in our country, but current Bankruptcy Law does not consider it as one of bankruptcy corpuses. At the moment that new Bankruptcy Law will be revised, the dissertation discusses some problems relating to the bankruptcy of partnership enterprises by comparatively analyzing foreign related provisions and combining the concrete circumstance in our country, hoping that it in helpful to set up partnership enterprise bankruptcy system.There are a lot of problems relating to partnership enterprise bankruptcy system that need to study. Among them, the most important, basic ones are studied in the dissertation, which is separated into five chapters.Chapter one analyzes the bankruptcy capability of partnership enterprises. After the dissertation introduces some discussions of the controversy concerning the bankruptcy capability of partnership enterprises and the lawmaking trend of it abroad, it is concluded that partnership enterprises have their bankruptcy capability in theory and in practice. Then, the author analyzes the shortages existing in our Bankruptcy Law in respect of the bankruptcy ability of partnership enterprises, and supports from the necessity and possibility it is possible that Bankruptcy Law authorizes partnership enterprises bankruptcy capability.In chapter two, the causes of bankruptcy are discussed. At first, the dissertation analyzes two problems. One is what causes of bankruptcy partnership enterprises have. The other is whether the partner property is involved at the time of judging the property foundation of partnership enterprises or not. Secondly, the author studies the specialty of the bankruptcy of partnership enterprises because it is involved with the bankruptcy of partners. Finally, 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 property of partnership enterprises do not repay all of their debt.In chapter three, the author conducts the analysis on how to put forward and accept the application of bankruptcy. 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.