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合伙企业破产相关常识(Common sense of Partnership Bankruptcy)
合伙企业破产相关常识(Common sense of Partnership Bankruptcy)
Common sense of Partnership Bankruptcy
A partnership is an ancient form of enterprise organization, it has the advantages of simple structure, flexible operation, low operation cost, strong adaptability, after a long time of development, has become the basic form of the three large enterprises (companies, partnerships and sole proprietorships) of. However, in the fierce market competition and rapidly changing social conditions, any civil and commercial subject may be unable to pay other peoples debts for some reason, and the partnership is no exception.
In different countries and different historical periods, there are two legislative standards of merchant bankruptcy and general bankruptcy in the scope of bankruptcy. The merchant bankruptcy doctrine claims that the bankruptcy law applies only to the bankruptcy of businessmen, and the general doctrine of bankruptcy holds that the bankruptcy law applies to all bankruptcy cases. In addition, there is a system called eclecticism, which means that the substantive part of the bankruptcy law is uniformly regulated, and the procedural part is defined by both the merchant and the non merchant. Whatever the legislative system, the bankruptcy law applies to all businessmen. As a business enterprise engaged in business activities, partnership enterprises are also called commercial enterprises and are typical businessmen. Therefore, most countries in the world have bankruptcy laws and adjust the bankruptcy of partnership enterprises. The legislative system is determined by the nature and function of the bankruptcy law, and its inevitability and rationality have been proved by history. However, the scope of our countrys bankruptcy law is narrow, and the scope of application is limited to the enterprises that obtain legal personality. This legislation model under the planned economic system can not meet the needs of the current market economy.
Is it possible to set up a Partnershi
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