The Legal Consequence Of Partnership Property Share Of The Inheritance

The legal consequence of partnership property share of the inheritance is an issue involving both identity and property laws. Clarifying the property relations, the identity transformation, the holding of joint possession property in the organization, the rights of share and the status of the parties, is of great significance to comprehend the partnership system comprehensively. At the same time, some problems exist in the article50of the "Partnership Enterprise Law" such as that the content of some word is not clear and some issues are not fully regulated. These will affect the practices directly. Therefore it is necessary to provide correct interpretations and appropriate corrections.According to the analysis in the paper, the partnership agreement has a fundamental role on the partnership organization as a debt covenant and an organization contract. So it is suggested to appoint succession clause or adoption clause in advance when related to the promise of the partnership agreement. According to the regulations of the "Property Law" and the "Partnership Enterprise Law", the legal characteristics of the partnership property shall be the joint possession. It is necessary to distinguish the joint possession of property and the joint possession of objects. It is necessary to define the application scope of chapter8of the "Property Law" and make sure that the joint ownership of property should be stipulated in the debt law. The share of joint ownership is an abstract composition right and the share of the partnership property includes property rights and identity rights, as well as the meaning of "unanimous rule" in article50. The partnership property is based on impartibility principle and only in exceptional cases it can be transferred. Based on distinguishing between the objects of transfer and the cause of transfer, it is necessary to interpret the "heir" and "inheritance" in article50correctly. In the case of heir is a person without or with limited capacity for civil conduct, the heir is permitted to a limited partner and the general partnership convert to a limited one when all the partners and his agent all agree and inform the creditor without objection. Different types of contribution should have different reimbursement means.