试论合伙的民商事主体地位

On Civil Commercial Subject Status of Partnership

传统民商法理论所认为的合伙只是一种合同关系而非法律主体的观念,严重制约了合伙(特别是商事合伙)的发展,也不利于法律的规制。一些国家的立法已经肯定了合伙的民商事主体地位,但是由于各国立法传统及理念上的不同,对合伙作为民商事主体的定位上有一定差异。在我国,将合伙的人格定位于"第三民商事主体"较为适宜。

Partnership is regarded as one kind of contractual relation instead of a legal subject in traditional commercial theory system. Such viewpoint has restricted the development of partnership, especially the commercial partnership, and is disadvantageous to legal regulation. Partnership has played an important role in modem economic life, so some nations have stipulated that partnership is a civil commercial subject. But opinions vary on the nature of partnership because of the difference on legislation tradition and concept between nations. So it is very necessary to unify the thinking, perfect legislation, and establish the civil commercial subject status of the partnership.