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In practice, according to the regulations, the partners need to be jointly responsible for the partnership debts, and the specific sharing situation is as follows:
1. The partners shall bear unlimited liability for the debts of the partnership with their personal property in accordance with their respective capital contribution ratios or the provisions of the partnership agreement.
2. In terms of external relations, when partnership debts occur, each partner needs to bear unlimited joint and several liabilities.
If joint and several liability is not known, it means that each partner is obligated to pay off the debts of the partnership in full, and the creditors of the partnership have the right to demand payment of part or all of the debts from one or more of the partners.
Each partner is obliged to use all of his or her property to settle all of the debts of the partnership, and is not subject to the proportion of each partner's contribution to the partnership property or the share of the debt agreed in the partnership agreement. A partner who has repaid all the debts of the partnership has the right to recover from the other partners if the amount of the debt exceeds the amount of debt that he should bear.
Therefore, according to the allocation of partnership debts, even if one of the partners runs away with debts, the other partners still have unshirkable responsibilities for the debts, and they still need to bear the debts at this time. If a creditor comes to collect the debt, and you refuse on the grounds that one of the partners has run away, they can sue you.
However, in practice, the partners bear unlimited joint and several liability for the debts of the partnership, mainly on the premise that the property of the partnership is liable first, and only when the property of the partnership is insufficient to pay off the debts of the partnership, the partners will bear unlimited joint and several liability.
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The other partners are still required to take on debts. The partners shall bear unlimited joint and several liability for the debts of the partnership, and the partners shall bear unlimited joint and several liability when the assets of the partnership are insufficient to pay off the debts of the partnership.
Yunnan Badun Legal Affairs, a professional corporate legal service organization!
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If the debts of the partners of the enterprise run away in arrears, the other partners need to bear the responsibility, and the debts of the general partnership shall be repaid by all the assets of the enterprise first, and if the assets of the partnership are insufficient to pay off all the debts, the partners shall bear the unlimited joint and several liability.
Article 38 of the Partnership Enterprise Law of the People's Republic of China.
The partnership shall first pay off its debts with all its assets.
Article 39.
If the partnership is unable to pay off the debts due, the partners shall bear unlimited joint and several liability.
Article 40. If, due to the unlimited joint and several liability, the partners have the right to recover from the other partners if the amount of the repayment exceeds the proportion of their share of losses as provided for in the first paragraph of Article 33 of this Law.
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Legal analysis: If the boss is in arrears of wages and runs away, a variety of methods can be used to recover the arrears. 1. It is recommended to sue the court for repayment as soon as possible, once the two-year statute of limitations has expired, the right to win the lawsuit will be lost2. After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for compulsory enforcement 3. After the court accepts the enforcement, it will inquire about the real estate, vehicle, ** and deposit in the debtor's name according to law 4. In addition, there is no property in his name that can be enforced and he refuses to perform the effective judgment of the court. then he will have negative information such as overdue repayment recorded in his personal credit report and be restricted from high consumption and entry and exit, and may even be subject to judicial detention 5. If he has the ability but refuses to do so, he is suspected of the crime of refusing to enforce the judgment or ruling6. Article 313 of the Criminal Law refuses to enforce the judgment or ruling of the people's court if he has the ability to enforce it, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.
Legal basis: Article 313 of the Criminal Law refuses to enforce a judgment or ruling of a people's court if it has the ability to do so, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or a fine.
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First of all, it is important to note that a partnership is not the same as a company. Therefore, if the partnership has debts and one or some of the partners run away, the remaining property of the partnership can be used to repay the debts first. If the remaining property of the partnership is difficult to repay all debts, the general partner will have unlimited joint and several liability, and the limited partner will have limited liability to the extent of the amount of capital contribution subscribed by the limited partner.
Even if the partner runs away, the creditor and other partners can also file a civil lawsuit to demand that the partner who ran away repay the corresponding debts. For example, if a partner leaves part of the property, the creditor and other partners may apply to the people's court to enforce the property.
Article 2 of the Law of the People's Republic of China on Partnership Enterprises refers to general partnerships and limited partnerships established by natural persons, legal persons and other organizations within the territory of China in accordance with this Law. A general partnership is formed by general partners, who are jointly and severally liable for the debts of the partnership. Where this Law has special provisions on the form of liability of the general partner, follow those provisions.
A limited partnership consists of a general partner and a limited partner, with the general partner jointly and severally liable for the debts of the partnership, and the limited partner liable for the debts of the partnership to the extent of their subscribed capital contributions.
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