Partners. Hidden System

The system of dormant partnership produced in German firstly ,from then on countries established the system one after the another, as a special form of partnership,it is different from company,common partnership and individual proprietorship,it emphasises on advantages of three and avoid disadvantages of them so adapts the different request of the investor,it contributes its own strength to active the western nations' economy. Our country has no this system,but a great deal of phenomenon in practice needs regulations of this system,the text begins from the development of the system of dormant partnership(that is commenda) and introduces the related laws of the two-law-series simply,then gets an overview through analysing by comparison its content,characteristic,law property ,result and related concept,so as to understand the outline of this system ; and lays stress on to analysis the reason of imperfection in our country , then inquiries into the necessities and possibilities that the system exists in our country ,finally tries to investigate its law-frame ,and so on . This text is divided into three chapters:Foreword. The foreword mainly introduced the background and presented the condition of the dormant partnership.Chapter 1 says all for system of the dormant partnership partnership. This chapter includes evolving for commenda and the related lawmaking in the twe-law-series . Turn into to display the changing process from evolving for commenda, understand the sequence of events of the dormant partnership from the angle of the history origins;and introduce the representative lawmaking ;then defines its connotation .property ,characteristic,the law result from all-directions . In the meantime enumerates related concept to comparative each other including consume lending,employ contract,apparent partnership,commission, limited partnership in order to differentiate and analyze in the exactitude of the judicial fulfillment.Chapter 2 introduces the necessities and the viabilities of the dormant partnership when is built. Firstly, the necessities mainly express at.It is advantages for protecting the legal rights of the partner and creditor;congering funds, promoting the socialist economy to develop continuously;sounding socialist law -system;it's necessary adds for the mordern business-system and carries through the freedom of contract actively, also is an ideal choice method for investor.Secondly,the possibilities then give analysis from the realistic foundation,lawmaking foundation,the legal-theory foundation, the writer tries on carrying on the legal-theory by using external appearance-legal theory foundation and the power righteousness so as to demonstrate its possibilities.Chapter 3 is about how to draw lessons from dormant partnership in our country. analyzing a few obstacles existing on lawmaking and how to get rid of it ;carrying on modes for our country lawmaking suitably and drawing up a law design frame briefly; the question is chiefly about how to protect a dormant partner ,to treat its law position by exactitude,making this system play the most important role in our economy.To conclude ,this text is completed by learning through the usage of comparative method,the legal-theory,value analyzing and the related research, the purpose is aimimg to show the importance of the dormant partnership ,enlightening just from"law serves in economy" which is nearly absolute opinion to expect lawmaking perfect and be back to fulfillment soon, promoting the socialist economy to develop continuously.