The Research Of Legal Problem About Commercial Operating Assets

Commercial operating assets, it means aggregate of all organized property for operating activity and a variety of valuable relationship in fact when to proceeding the operating activity. As the constituent elements, the tangible elements including all manner of movable and immovable property; the intangible elements including geographical position,client list,business secret,leasehold of the commercial operating place,creditor right and debt and so on. In addition, the specific regulations of merchant law have accomplished mostly, and the provisions about acquisition,transfer,merger and division between commercial subjects are comparative scatter. Moreover, commercial operating assets are an important component in the commercial law, it is vital to obtain the especial identity of the business subjects, to explicitly define the commercial acts, to launch the commercial activities and to implement the target of profits. Finally, in our country, the theoretical research about commercial operating assets in the commercial law is lacking. And in abroad, the civil law countries'research is mature in comparison with other countries, such as France, Germany, Japan and South Korea. Because their trades are flourishing, the market economic system is sound, and they have respect for the development of business. However, it is traditional to attach importance to agriculture and make slight of business in our country. So our market economic system need to be improved, the commercial law and regulation need to be ameliorated and the theoretical research of commercial law also need to be made better.Depending on the method of logical analysis in law, the method of research and comparison, and from definition of commercial operating assets, the dissertation put forward that if various inscape of commercial operating assets need to expand, it should link with our specific national conditions; it also put forward that commercial operating assets as a aggregation, actually owning the characteristic of an organic whole, compound,value fluctuation,independent property according to prerequisite of existent debate about characteristic of commercial operating assets; besides, to define the characteristic of commercial operating asset, it involve the transfer of commercial operating asset and leasehold and so on. Be different from the transfer of general property, the transfer of business in commercial operating asset are the transfer of mobility and immovable property'ownership, and the ownership, right to punish, and usufruct of other intangible assets which owned the feature of property. The transfer of business about commercial operating assets execute mainly by form of buying and selling, in the process of buying and selling, the especial identity of two sides in a transaction, the constitutive requirements of contract and the acceptance of creditor's right or debt are all distinct from general property. Leasing operating about commercial operating assets are convenient to fund-raising, to launch commercial activity and to achieve the profitable purpose.