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根据《中华人民共和国民法通则》(以下简称《通则》)第52条规定,合伙型联营是指企业法人之间或者企业法人与事业单位法人之间,以共同出资为基础,共同经营组成的新的非法人性质的合伙企业。目前在我国经济体制改革中,这种组织形式在许多地方大量涌现。但是其还有一系列的理论问题需要解决。特别是对合伙型联营的债务及债务清偿问题的研究,还停留在表面化和不系统的阶段。因而客观上造成了经济交往中债务纠纷不断增多,也影响了对这类案件的审理。所以本文就合伙型联营的债务形成,债务承担的原则以及在正常和出现破产的情况下债务清偿等问题进行一点探讨。
Pursuant to Article 52 of the General Principles of Civil Law of the People’s Republic of China (the “General Provisions”), a partnership association refers to a new joint venture consisting of corporate entities or corporate entities and corporate entities with joint ventures Unincorporated partnership. At present, in our country’s economic system reform, such forms of organization have emerged in many places. However, there are a series of theoretical problems to be solved. In particular, the study on the debt and debt settlement of partnership-based joint ventures remains at a superficial and unsystematic stage. As a result, there has been an objective increase in the number of debts in economic exchanges, which has also affected the hearing of such cases. Therefore, this article discusses some issues such as the formation of partnership joint-venture, the principle of debt assumption and debt repayment under normal and bankruptcy.