隐名合伙与有限合伙比较研究——兼论其同时设立的必要性和合理性

Comparative Study of Dormant Partnership and Limited Partnership --Concurrently on the necessity and rationality of their establishment at the same time

隐名合伙与有限合伙均根源于康曼达契约。二者虽有相似之处 ,但却具有不同的制度价值。其共性在于均可用以解决有限责任合伙人的投资问题 ;不同之处则决定其分别具有不同的适用对象和制度安排。因此 ,二者均具有十分重要的制度价值 。

Both dormant partnership and limited partnership originated from Commenda contract. They have similar aspects but have different systemic value. Their common character lies in that both the two may be used to solve the investment question of the limited partners; while the different aspect lies in that it determines their different applicable objects and systemic arrangements respectively. So, both the two have their important systemic value and should be the choice of mode for the civil legislation of our country.