Whether the general partnership has the qualifications to be the subject of litigation

Yes, there is. The partnership enterprise is established in accordance with the law, has independent property, can independently bear legal responsibility, and meets the requirements of the litigants and the subject of the litigation.

Article 2 of the Partnership Enterprise Law stipulates that: "The term "partnership enterprise" as used in this Law refers to a for-profit organization established within the territory of China in which the partners enter into a partnership agreement, make joint contributions, operate in partnership, share profits and risks, and bear joint and several liability for the debts of the partnership enterprise. ”

Article 19 of the Partnership Enterprise Law stipulates that "during the existence of the partnership, the capital contributions of the partners and all the income obtained in the name of the partnership shall be the property of the partnership". It can be seen that the partnership has its own property and has relative independence and stability.

Article 39 of the Partnership Law: "The debts of a partnership shall first be paid with all its property. If the assets of the partnership enterprise are insufficient to pay off the debts due, each partner shall bear unlimited joint and several liability.

It can be seen that the partnership has a relatively independent ability to assume responsibility, but in fact, the partners bear the debts of the partnership enterprise not ordinary joint and several liability, but a kind of "substitute" liability.

To sum up, the general partnership should directly list the trade name as the subject of the litigation.

Where a limited partnership may be the subject of litigation, it has the qualifications to be the subject of litigation. The subject of litigation refers to the organization or individual that has the right to carry out litigation acts that cause the litigation procedure to occur, modify or terminate in civil litigation in Chinese litigation theory. Where there are other provisions of the law, follow those provisions.

Legal basis: Article 249 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China Article 249 In litigation, the transfer of disputed civil rights and obligations does not affect the parties' qualifications and litigation status. A legally effective judgment or ruling made by a people's court shall be binding on the transferee.

Where the transferee applies to participate in the litigation as a third party without the right to make an independent claim, the people's court may permit it. Where the transferee and the seller apply to take the lawsuit on behalf of the party, the people's court may decide whether to approve it based on the specific circumstances of the case; where permission is not granted, they may be added as a third party who does not have the right to make an independent claim.

The subject of litigation refers to the organization or individual that has the right to carry out litigation acts in civil litigation to make the litigation process occur, modify and extinguish in civil litigation. Where a limited partnership may be the subject of litigation, it has the qualifications to be the subject of litigation.

A limited partnership is made up of ordinary partners and partners with a deferred partner. The general partner, that is, the former partner, is mainly a natural person, because it involves the joint and several liability for the loss of the enterprise, so the specific requirements are relatively strict, if the general partner is unable to take responsibility, then the interests of creditors are sometimes not protected.

Paragraph 3 of Article 2 of the Partnership Enterprise Law stipulates that a limited partnership shall be composed of a general partner and a limited partner, and the general partner shall be jointly and severally liable for the debts of the partnership enterprise without limit, and the limited partner shall be liable for the debts of the partnership enterprise to the extent of the amount of capital contribution subscribed by the limited partner.

So, does a limited partnership have the qualifications to be the subject of litigation? Today, Hualu.com has compiled the following content to answer your questions, I hope it will be helpful to you. Whether the limited partnership has the qualifications to be the subject of litigation The limited partnership may be the subject of the litigation; There is no provision that it is not allowed to be the subject of litigation;

Does a partnership have the qualifications of a civil entity is introduced as follows:

The partnership has the qualification of a civil entity.

Partnerships are legal entities and enjoy civil rights and bear civil obligations in accordance with the law. A natural person in civil law is first and foremost a person with natural biological attributes, and has acquired the qualification of a civil subject from birth. A partnership refers to a for-profit organization in which the partners enter into a partnership agreement, jointly contribute, operate together, share benefits, share risks, and bear unlimited joint and several liability for the debts of the enterprise.

The so-called partnership refers to an economic entity in which two or more persons (including legal persons) of Qichanmeng jointly contribute, operate jointly, share profits and losses, enjoy civil rights and civil obligations in the name of the partnership, and its members bear supplementary joint and several liabilities.

Partnership is a special economic organization that is different from both citizens and legal persons, and its inclusion in the category of natural persons does not conform to economic facts, and the legal logic does not make sense. When a partnership engages in joint affairs, especially when it engages in economic relations with a third party, it does not appear as a single natural person, but as an organization, and is not transferred by the will of a single natural person.

The sharing of losses incurred by a limited partnership shall be handled in accordance with the provisions of the partnership agreement, and if the partnership agreement is not provided for or the agreement is not clear, the partners shall decide through consultation. Article 33 of the Partnership Enterprise Law of the People's Republic of China The profit distribution and loss sharing of a partnership enterprise shall be handled in accordance with the provisions of the partnership agreement; If the partnership agreement is not specified or the agreement is not clear, the partners shall decide through consultation.

If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners.

Legal analysis: The qualification of the subject of litigation for an individual partnership is that all partners are joint litigants in civil litigation. Where there are a large number of partners, a litigation representative may be nominated to participate in the litigation, and the litigation act of the litigation representative shall have legal effect on all partners, but in judicial practice, it is up to oneself to choose whether to take the partnership itself as the subject of civil litigation or to list the principal responsible person as a party to participate in the litigation in the civil litigation in the case of an individual partnership that has already been established.

Legal basis: Article 48 of the Civil Procedure Law of the People's Republic of China: The public register of people, legal persons, and other organizations may be parties to civil litigation. Legal persons are litigated by their legal representatives. Other organizations are litigated by their principal principals.