Identification Of Dormant Partnership And Return Of Property

In judicial practice,there are a lot of disputes in dormant partnership,and the court’s handling methods are different.In many cases,it is treated as a loan relationship.This paper takes the partnership dispute case between Mr.Lin and Mr.Fan as an example,analyzing the current laws and regulations,judicial interpretation,legal theory,and case reasoning,and concludes three focus of this case,the first is Whether Mr.Lin and Mr.fan are private lending legal relationship,the second is Whether the IOU in this case can prove that the relationship between Mr.Lin and Mr.Fan has changed.And the last is Whether the liquidation between the two parties is the necessary condition for the dormant partner to claim the right to return property.Through the analysis,we can see that the legal relationship of the case is dormant partnership,and the plaintiff’s IOU can not prove the change of the legal relationship between the plaintiff and the defendant.The necessary condition for the dormant partner to claim the return of property is not that it must be completed through the liquidation between the apparent partners.Finally,the author takes this case as the starting point,analyzes the applicable law of the judge in this case,and puts forward relevant suggestions on what kind of law should be applied when similar partnership disputes appear in China’s judicial practice.