试论我国合伙财产的立法定位

Study on the Character of Chinese Partnership's Property

合伙财产的法律性质是合伙制度中最根本也是最具分歧的问题之一,不仅学者众说纷纭,而且各国立法也迥然各异,这些学说和立法都积极或消极地影响着合伙的发展。目前,我国合伙的优势在相当程度上尚未能体现出来,这在一定程度上或可归责于法律相关规定的不完善所致。借鉴他国立法,认为:我国应明确规定合伙企业财产为共同共有。

The character of partnership's property is one of the most basic and controversial issues in the whole partnership system. To this question different scholar hold different theories. Moreover,each country sets up utterly different regulations. These theories and regulations are all have either positive or negative affection on the developing of partnership. Nowadays, the partnership is not flourishing very well in China, this can partly impute on the deficient of our law. Learning from other countries,we advocate that the partnership property belongs to all the partners.