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大陆法系商法通常依照商主体的组织结构形态或特征等形式状况,将商主体分为商个人、商合伙、商法人。然而,随着合伙企业法人资格地位的定位,有限合伙立法的承认,使得商法人、商合伙的区分已经不太明确。家庭合伙归属于商个人还是商合伙存有疑问,一人公司作为个人独资公司,不具有社团性,却具有法人资格,其归属于商个人还是商合伙有待考证,传统的商个人、商法人、商合伙的分类仍然摆脱不了民事主体的分类,难以彰显商法的独立性。
Commercial law of civil law usually divides the business body into individual business, commercial partnership and commercial legal person according to the formal status or the form of the business entity’s organizational structure. However, with the positioning of the legal person status of the partnership, the recognition of the limited partnership legislation makes the distinction between the commercial legal person and the commercial partnership less clear. Family partnership belongs to the individual or business partner in doubt, one-person company as a sole proprietorship, does not have the community, but has the legal personality, its attribution to the individual or business partners to be verified, the traditional business individuals, business people, business The classification of partnerships still can not get rid of the classification of civil subjects, it is difficult to highlight the independence of commercial law.