《深圳经济特区商事条例》中营业转让制评议

On the System of Business Transfer in Shenzhen Commercial Regulations

《深圳经济特区商事条例》中营业转让制度自1999年颁布以来未有任何修订,而实践中出现了很多营业转让行为因立法的空白或不完善导致的纠纷和争议,相关主体利益得不到法律保护。现行营业转让制度主要就营业转让类型、商号转让、债务移转做出规定。随着时间的推移,需要从营业转让制度独立成章、完善营业转让的类型、建立债权人保护机制、增加劳动合同继受和竞业限制条款等方面给予完善。

System of business transfer, prescribed in Shenzhen Commercial Regulations, has not been revised since its publication in 1999 ,thus giving rise to many disputes and controversies over business transfer due to the legislative gap or defects, and resulting in the losses of the interest of relevant subjects. Though the current system of business transfer makes the regulations for the type of business transfer, the transfer of business name, and the transfer of debts, it still needs to be improved with the passage of time in the following respects to get the transfer of business independently regulated to im- prove the classification of the business transfer, to establish a mechanism for the protection of creditors, and to increase the terms in number about the transfer of labor contract and competitive restriction.