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隐名合伙起源于中世纪意大利的康曼达契约。隐名合伙是指当事人以订立书面合同的方式约定一方对另一方所经营的事业出资,不参与经营,分享经营利润,并在出资范围内承担经营损失的合伙。经营的一方称为出名营业人,出资的一方称为隐名合伙人。我国法学界普遍认为,我国立法应该设立隐名合伙制度,但是在具体模式上,现存在很多争议。本文认为从隐名合伙的性质上看,隐名合伙属于契约,应作为一有名合同纳入合同法之中。
The anonymous partnership originated in the Middle Ages Italy Command contract. Anonymous partnership refers to the parties to a written contract by way of agreement on one party to the operation of the other business funded, not participating in the operation, sharing of operating profit, and within the scope of contribution to the business losses of the partnership. The business side is called a well-known business person, and the party who contributes the money is called an unnamed partner. It is generally accepted by law circles in our country that our country’s legislation should establish an anonymous partnership system. However, there are many controversies on the specific model. This paper argues that from the nature of the anonymous partnership, the anonymous partnership is a contract and should be incorporated into the contract law as a well-known contract.