Research On The Legal System Of Dormant Partnership

Dormant partnership originated in medieval Europe and mainly exist in the legal system of the civil law system.Dormant partnership is an internal contractual relationship that occurs between dormant partnership and well-known business people.It is different from personal partnership,general partnership,limited partnership and private lending,because of its unique ideas and rules,so it cannot be used by other systems Instead.The construction of the dormant partnership system meets the current trends and needs of social and economic development.For fund holders and small and medium-sized enterprises,the dormant partnership is a convenient,fast,mutually beneficial and win-win investment and financing method.Therefore,in reality,more people will choose to invest in dormant partnership,and the disputes caused by them will continue to increase,and even judicial proceedings will be triggered.It is worth noting that in China's legislation,there is no clear stipulation on the dormant partnership system,which has led to judges usually not having specific legal guidance when dealing with dormant partnership disputes.In this case,the judgment in this way may violate the original intention of the parties to conclude the contract,thereby failing to effectively protect the parties' legitimate rights and interests and affect judicial authority.In this regard,China should establish a legal system of dormant partnership,which is of great significance to solving judicial problems,safeguarding the legal rights and interests of the parties,and promoting the development of SMEs and China's economy.This article is divided into four chapters,and the overall idea is "Basic theory of the legal system of dormant partnership-the necessity of entering the law of dormant partnership in China-the feasibility of entering the law of dormant partnership in China-the construction of the system of dormant partnership in China."Four links,including:The first chapter is a brief overview of the historical evolution and development of dormant partnership to form a preliminary understanding of dormant partnership,then introduced the legal characteristics of the dormant partnership,and finally analyzed the contractual nature of the dormant partnership from the nature of the partnership.The differences in concepts summarize their characteristics,so that they have a clearer understanding of their unique institutional ideas and rules.The second chapter includes two parts.First,it analyzes the economic value and legal value brought by the inclusion of the dormant partnership in law,and then shows the irreplaceability of the dormant partnership by comparing the similarities and differences between the dormant partnership and other partnerships.This constitutes the necessity of establishing an dormant partnership legal system in China.The third chapter analyzes the feasibility of incorporating the dormant partnership system into legislation from the perspective of comparative law in three aspects:legislative experience,domestic legal foundation and judicial practical experience.The fourth chapter mainly discusses the choice of the legislative model of the dormant partnership in China in the future,and on this basis proposes the specific content of the dormant partnership.