合伙人的财产份额及其相关的几个法律问题

Partner's Share of Property and Several Problems

由于在合伙企业存续期间 ,合伙企业对合伙人的出资和所有以合伙企业名义取得的收益享有相对独立的财产权 ,因而合伙人对于合伙企业所享有的权利则类似于公司法上的股东权 ,它是一种概括性的权利 ,称其为“财产份额权”。该权利在依法转让、质押和继承中 ,既有权利财产的特性 。

Based on the fact that a partnership enjoys relative independent right of entire property formed by investments of all of partners and incomes in terms of operation,every partner shall enjoy such right of owner as right of shareholder. It is a general right called as “Share of Property”.Several problems relevant to the partner's share of property, including its transfer, its mortgage and its inherit.