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我国民法以“共同投资,合伙经营,共享收益,共担风险”为合伙的基本特征。而在现实生活中却存在大量一方对他方所经营的事业进行投资,分享利益,而仅在其出资限度内分担损失的情形,即“隐名合伙”,同时隐名合伙在一定程度上适应了现代市场经济发展中的市场主体多元化的要求。鉴于隐名合伙在现代世界各国民商法上的重要地位,本文拟对在我国建立隐名合伙法律制度的现实性和可行性进行粗浅的分析。
China’s civil law to “co-investment, partnership management, shared revenue, risk-sharing” as the basic characteristics of the partnership. However, in real life, there are a large number of parties that invest and share interests in the undertakings operated by the other party and only share the loss under the funding limit, that is, “anonymous partnership”, while the anonymous partnership is adapted to some extent The Diversified Requirements of Market Main Body in the Development of Modern Market Economy. In view of the important status of the hidden partnership in the civil and commercial law of all countries in the modern world, this article intends to make a superficial analysis of the reality and feasibility of establishing the legal system of dormant partnership in our country.