合伙民事法律地位探析

Legal Status of Civil Partnership

合伙作为一种古老的商业经营方式,因其具有很强的适应性,在现代经济生活中仍然表现出了强大的生命力,发挥着重要作用。然而,受传统大陆法系民事法律传统的影响,我国现行民商事法律对合伙的法律地位没有作出明确的规定,理论界对此问题亦多有争议,这种状况严重影响了合伙作用的发挥。从对合伙的历史渊源及自身属性的分析并考察有关国家的立法可以发现,合伙具有相对独立的民事主体法律地位,这应该得到我国有关法律的肯定和保护。

As a traditional business form, partnership is now still animated by its strong applicability. However, Chinese laws in force have not determined explicitly the legal status of partnership due to the effect of civil law traditions of Civil Law System. There are many debates of this problem which have seriously affected the performance of partnership. On the basis of the historical origin and the nature of partnership, this essay, after analyzing relevant legal provisions of other countries, analyses the status of partnership and put forwards the opinion that partnership has its relatively independent legal status and shall be upheld and protected by our laws.