Intepretation of Limited Partnership from the Perspective of Civil Law

Autor: Yen-Lun Huang, 黃彥倫
Rok vydání: 2018
Druh dokumentu: 學位論文 ; thesis
Popis: 106
The thesis is about the “Limited Partnership” in Taiwan which is enacted in 2015, and it discuss the rights and obligations of limited partnership from the perspective of Taiwanese and Japanese civil law, both of which are civil law system. The “Limited partnership” in Taiwan is mainly influenced by common law countries such as the United States and Great Britain. On the other hand, the legislative explanations in certain articles indicate that they take either “Civil Code” or “Corporate Law” for reference. The thesis discusses the meaning and properties of limited partnership, the assets and debts of limited partnership, the internal and external effects of limited partnership, the subjective and objective change of limited partnership and the sissolution and liquidation of limited partnership based on the structure of the chapter of “Partnership” in Civil Code. Specifically, the thesis mainly focuses on the articles of “Limited Partnership Act”, and it handles the interpretation of legal effect when the registration status of a limited partnership is different from reality, the performance and breach of the obligation of contribution of a partner of a limited partnership, the internal and external responsibilities of different kinds of partners in a limited partnership (general partner, withdrawn partner, new partner, apparent partner and limited partner). The issues above are currently not mentioned in “Limited Partnership Act” in Taiwan, but they have been fully discussioned in civil law acadamia and practice. This thesis is published for implementing the interpretation of limited partnership system in Taiwan.
Databáze: Networked Digital Library of Theses & Dissertations