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Study Of Dormant Partnership

Posted on:2012-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:J C ZhongFull Text:PDF
GTID:2216330371950530Subject:Law
Abstract/Summary:PDF Full Text Request
Dormant partnership has been a hot topic from the late 80s of last century for the legal community. Now the topic of dormant partnership has become more and more important under the background that limited partnership system cannot replace the dormant partnership system. Form the angle of packing up the national theories and comparing the correlation systems of foreign, this article discussed following issues:the question of dormant partnership character, the question of need and feasibility for import the system into our legislation, the question of lawmaking mode and the question of system design along with rights reguard.The first part of this article discussed the character of dormant partnership from the angle of theory. After carded and commented several effective national doctrines, the article claimed that dormant partnership is an investment contract. The reason should be explained as dormant partnership that is a kind of investment contract in legal attribute,and it could not be rgulated as a organise(feeble party), and also could not overemphasize its form.The second part of this article discussed the necessity and feasibility issues of dormant partnership legislation. On the base of intrducing the national doctrines, this article stessed the doctrines of opposition and assent. Finally this article selected the assent one on the base of compare, but offered a special view:it is that from the angle of necessity dormant partnership legislation has been an urgent problem for it has more advantage than the system of limited partership; and from the angle of feasibility there doesn't exist any technical of systematic obastacles of legislation. In a word, dormant partnership legislation has more benefit than harm and it should be imperative under the situation in our country.The third part of this article studied the legislation mode of dormant partnership of our country. After compared the legislation exemples of comman law and civil law and commnented the several national doctrines, this article claimed that freedom will of parties, local situation of our country, the needs of civilians and feeble syetem should became the important experience for dormant partnership legislation.The fourth part of this article discussed the questions of theory controversies, system design and right safegurd. After labored the national doctrines of dormant partnership legislation models, this article put forword that we should construct doctrines of dormant partnership system by amend the Contract Law. Subsequently, this article made a double frame on syetem design and right safegurd for dormant partnership legislation.
Keywords/Search Tags:dormant partnership, investment contract, dormant partner, legislation mode
PDF Full Text Request
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