商事营业转让是指某企业或个人将其拥有的具有商业价值的各类有形财产、无形财产以及具有财产价值的事实关系等组成的有机整体财产转让给其他企业或个人的商事行为。通过商事营业转让,转让方可取得高于仅仅只是单个转让其财产的对价,而受让方则可取得现成的营业资产,在此营业资产的基础上继续原经营就可获得收益,从而避免从零起步的艰难。虽然我国现行法律 Commercial business transfer refers to the business conduct of transferring the organic whole property composed of all kinds of tangible property, intangible property and factual relationship with property value owned by a certain enterprise or individual to other enterprises or individuals. Through business operation transfer, the transferor can obtain a higher price than just a single transfer of its property, and the transferee can obtain ready-made operating assets, based on the operating assets can continue to operate on the proceeds, so as to avoid from Zero difficult start. Although our country’s current law