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将我国的现有合伙划分为合伙与合伙企业。我国合伙企业法中规定的合伙企业相当于大陆法系国家的商事合伙,而民法通则规定的个人合伙除“起字号,依法核准登记”的以外,应属于民事合伙。区分民事合伙和商事合伙很有必要,因为商事活动要求简便快捷,民法理论中关于合伙的许多制度过于谨慎、繁琐,这样就像商法从民法中独立出来一样。商事合伙也从民事合伙当中分离出来。当然,大陆法系很多国家民商分立,有独立的商法典,因此,在称谓上可以称为民事合伙
Divide our country’s existing partnerships into partnerships and partnerships. The partnership enterprise stipulated in the partnership law of our country is equivalent to the commercial partnership of the civil law countries, whereas the individual partnership stipulated in the General Law of Civil Law shall belong to the civil partnership except the one whose “name and registration are legally registered”. It is necessary to distinguish between civil partnership and commercial partnership because the commercial activities are quick and easy. Many of the civil law theories about partnership are too cautious and tedious, just as commercial law is independent from civil law. Commercial partnerships are also separated from the civil partnership. Of course, in many civil law countries, civil and commercial entities are separate and have independent commercial codes. Therefore, appellations can be called civil partnerships