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一、合伙企业的性质及其定位(一)合伙企业是合伙的一种特殊类型合伙的产生,是来源于合作从事某项活动的根本目的,一般认为自古老的家庭共有制始,即已蕴藏了合伙的基本精神,随后这一合作形态在罗马法中得到进一步发展。在合伙的发展过程中,形成了包罗万象、几乎无所不及的各种合伙形态,就“合伙”一词的广义涵义来讲,几乎所有达成共同意愿并合作从事某项民事活动的情形都可以纳入合伙的范畴。最初的合伙,被认为只是一种民事契约安排。一
First, the nature of the partnership and its positioning (A) A partnership is a partnership of a particular type of partnership is derived from the fundamental purpose of cooperation in an activity, is generally believed that since the ancient family common ownership, that is, The basic spirit of the partnership, then the form of cooperation in the Roman law to be further developed. In the course of partnership development, there are all kinds of all-encompassing and almost all forms of partnership. In the broad sense of the term “partnership”, almost all situations in which a common wish is reached and a civil activity is jointly undertaken Can be included in the scope of the partnership. The initial partnership was considered as a civic contract arrangement. one