论文部分内容阅读
隐名合伙在现实生活中随处可见,当事人通过合同来约定双方之间的权利义务关系,往往是一方在他方企业中出资但不出名,且按约定比例分享利润以及以出资额为限承担责任,这种情形在实务中冠之以“隐名合伙”的名称。究竟隐名合伙具有何种性质,其法律适用又如何?本文将从隐名合伙的涵义、隐名合伙的性质、隐名合伙的立法模式、对《民通意见》第46条的理解、隐名合伙的法律规制等方面展开阐述。
A hidden partnership in real life can be seen everywhere, the parties through the contract to agree the rights and obligations between the two sides, often one party in the other party funded but not well known, and according to the agreed ratio of profit sharing and the amount of contribution to assume responsibility, In practice, this situation is crowned with the name “anonymous partnership.” What kind of nature does the anonymous partnership have and what is the law of the application? This article will be based on the meaning of the anonymous partnership, the nature of the anonymous partnership, the legislative model of the anonymous partnership, the understanding of Article 46 Name of the partnership and other aspects of the legal system to explain.