(1) the nature of the property contributed by the partners

If an investor contributes capital with the rights of land use right, house use right, trademark use right and patent use right, the investor will not lose the rights of land use right, house ownership, trademark right and patent right due to the contribution, and the ownership or use right of these contributed properties still belongs to the investor, and the partnership only enjoys the right to use and operate. For this kind of capital contribution, when the partner withdraws from the partnership or the cooperative enterprise is dissolved, the partner has the right to demand the return of the original. If the ownership of the capital contribution is transferred and there is a relationship between the partners, the value of the capital contribution can only be restored by dividing the property when the partners quit the partnership or the partnership enterprise is dissolved.

There are various forms of capital contribution by partners, and the nature reflected by different capital contributions is not exactly the same.

1. If the capital contribution is made in cash or with clear ownership of the property, it means that the ownership is transferred, and the investor no longer enjoys the ownership of the contributed property, but belongs to all partners.

2. The investment is made with the rights of land use right, house use right and trademark use right. Investors will not lose their rights such as land use right, house ownership, trademark right and patent right. Due to the contribution. The ownership or use right of these contributed properties still belongs to the investor, and the partnership only enjoys the right to use and manage. For this kind of capital contribution, the partners have the right to ask for a reduction when withdrawing from the partnership or dissolving the partnership. If the ownership of the capital contribution is transferred and there is a relationship between the partners, the value of the capital contribution can only be restored by dividing the capital contribution property when the partners withdraw from the partnership or the partnership enterprise is dissolved.

(2) The nature of the property accumulated by the partnership.

According to Article 32 of the General Principles of the Civil Law, the property accumulated by a partnership enterprise belongs to the partners. This * * * should be understood as * * * by share. Partners enjoy rights according to their share and proportion of capital contribution to the partnership, but this share is a potential share, that is, during the existence of the partnership, partners may not divide the property according to the proportion of the share, nor may they decide their rights in the use, management and execution of partnership affairs according to the size of the share. Only when the partnership enterprise distributes profits, the partnership enterprise withdraws and the partnership enterprise is dissolved, the share proportion has practical significance and can be used as the basis for each partner to distribute profits and divide property.

Partnership property has different ways according to its nature. According to the capital contribution, decide whether it is owned by shares or * * * with * * *.

Legal basis:

Article 2 of the Partnership Law stipulates: "A limited partnership consists of a general partner and a limited partner, and the general partner shall bear unlimited joint and several liabilities for the debts of the partnership.

Derivative problem:

Title:

Whether the partnership property belongs to * * *.

Content:

Is the partnership property owned by shares?

The property accumulated by the partnership operation and the partnership property contributed by the partner belong to the partner * * *, but there is a difference between * * * and * * *. Most scholars believe that this kind of * * * should be understood as * * *, that is, according to the share and proportion of the partners' capital contribution to the partnership, but this share is a potential share, that is, during the existence of the partnership, the partners shall not divide the property according to the share proportion, nor shall they decide the rights of the partners in the use, management and execution of the partnership affairs according to the share size. Only when the profits of the partnership are distributed, the partnership is withdrawn or dissolved can the partnership be shared.

1, partnership property is based on partnership, and the relationship between partnership and * * * * is based on the existence of public relations. It is generally believed that the relationship between * * * and * * is formed by blood or marriage. As long as the partners agree to the expression of will, the partnership can be established not only on this relationship, but also on other legal relationships. This kind of partnership tends to share ownership.

2. About the division of property: the division of property related to * * * is based on the general principle that * * * is related to the elimination or termination of * * *, supplemented by the loss of * * * and the request for division due to major reasons, regardless of whether the division is agreed or not. And according to a * * * property, the first thing to emphasize is whether there is an agreement on the division of * * * property. If there is an agreement, deal with it from the agreement first. If there is no agreement, someone can ask for the division of the property at any time. If the division of partnership property is an arbitrary withdrawal (declaration of withdrawal) agreement, the principle of no agreement should be allowed. This is a free legal relationship, and the partnership property should be divided when withdrawing shares. This legal relationship is often shared by shares.

3. Provisions on the transfer of property shares: Unless otherwise agreed, some people can freely transfer or distribute their due shares, others have the preemptive right according to law, and there is a closer relationship between * * * and * * *, so they cannot transfer their shares to others like that. Unless otherwise agreed, the partners of the partnership property may dispose of their due share of the partnership property and may transfer it. Similarly, other partners enjoy priority under the same conditions.

4. About the debt burden of * * * *: * * Some people are jointly and severally liable for the external relations of creditor's rights and debts, but * * * and * * * share the creditor's rights and bear the debts together, unless there is an agreement at home, and there is no stipulation on the proportion that each * * * and * * * should bear. That is to say, the debts of * * * and * * * are not in proportion to the shares, and it is not said that * * * and * * * have assumed other debts of * * *. * * * and * * shall bear joint and several liabilities externally, enjoy creditor's rights internally and bear debts according to their respective shares. For repayment of debts exceeding its share, * * * has the right to recover from other * * * people. The creditor's rights and debts of a partnership are the same as those of a partnership.