Jurisprudential Analysis On The Applying Of General Partners Joint Bankruptcy

The particularity exists between the partnership and the corporate enterprise.On the one hand,it has the independent personality,is one of the civil subjects.It’s one of the civil subjects;On the other hand,it can’t be separated from its partner’s personality.How to protect the realization of the creditor’s right of the partnership?It is a good way to establish the mechanism of the applying of general partners joint bankruptcy.In this sense,as one of the market subjects,the partnership enter bankruptcy because it can’t pay debts,its creditor’s rights depend not only on the partnership,but also on general partner who bear unlimited joint and several liability for the debts of the partnership.The general partner shall repay the partnership debts with all property.In this context,this paper studies the applying of general partners joint bankruptcy from jurisprudential analysis,three basic problems are discussed about subject range,legislation model and order of debt repayment of the applying of general partners joint bankruptcy,expect to form a basic understanding of jurisprudential of the applying of general partners joint bankruptcy.This article includes four parts:The first part,explore the necessity and feasibility of the applying of general.partners joint bankruptcy.The bankruptcy system has experienced the value pursuit of Creditor’s standard to the balance between creditor,debtor and society since its birth,this mechanism is not only the embodiment of this value pursuit,but also provides a new way for judicial enforcement,solve the difficult problem of enforcement.Meanwhile,the continuous improvement of laws and regulations provides legal guarantee for the applying of general partners joint bankruptcy,the particularity of the general partner is the basis for the basics of the mechanism,it also conformity with the basic requirements of jurisprudence.The second part,analysis the scope of the applying of general partners joint bankruptcy.China’s "Partnership Enterprise Law" provides that the three subjects are eligible to become general partners,includes natural persons,legal persons and other organizations.Under the premise that our country will establish a natural person’s bankruptcy system in the future,it is necessary to explore the procedural problems of the applying of general partners joint bankruptcy.At the same time,the legal person acts as the different market subject of the partnership,when a business enter bankrupt,there are differences in causes of bankruptcy,bankruptcy ability and debts repaying.Other organizations need to be determined by law because of the particularity of bankruptcy ability,so when other organizations become general partners,only other organizations with bankruptcy ability can apply for bankruptcy.The third part,study the mode selection of the applying of general partners joint bankruptcy.According to different causes of bankruptcy,there are two modes including simultaneous bankruptcy and respective bankruptcy about the applying of general partners joint bankruptcy.In contrast,respective bankruptcy is clear about the law relationship,contributes to protect creditor.The fourth part,it is proved that the order of debt repayment of the applying of general partners joint bankruptcy.From the existing legislative provisions and relevant law theories,the general partner’s unlimited joint and several liability to the partnership shall be a supplementary joint and guarantee liability.Based on this,the order of debt repayment should follow the principle of priority of creditor’s rights in partnership loosely.It is conducive to the balance between the partnership’s creditors and the general partner’s creditors.