表见合伙之价值评判——兼析新《合伙企业法》第76条

2007年6月1日开始实施的新《合伙企业法》是一部非常有效地法律,但其最大缺陷是仍然没有规定表见合伙制度。表见合伙与表见代理、与民事欺诈是有明显区别的,不能用表见代理与民事欺诈解决实践中的表见合伙纠纷。新《合伙企业法》第76条的规定让人困惑,像似表见合伙,实则不然。建立表见合伙制度更有利于保障交易公平和安全,彰显善意第三人的利益,充分救济善意第三人的权利。因此,我国应当建立表见合伙制度。

On the Value Judgment of Partnership by Estoppel——And the Related Regulation of Article76 in the New Partnership Business Law of China

The New Partnership Business Law of China will be put in force in 2007.6.1, the Law is very advanced legislation, but the system of the partnership by estoppel hasn't yet been set up, this is its most defect.It has a distinctness discrimination among the partnership by estoppel, agency by estoppel and civil fraud.We cannot resolve the dissension of partnership by estoppel according as the way of agency by estoppel or civil fraud.I has been puzzled by the regulation of Article 76 in The New Partnership Business Law of China, it looks like partnership by estoppel, but it doesn't in act.It's establishing not only protects the people's lawful interest but also guarantees transactions being just and secure, and so, it would give plenty alms to goodwill third people.Therefore, the system of partnership by estoppel ought to been set up in our law.