2. This kind of situation belongs to individual partnership, but it also has flaws, depending on whether it is operated and in what form;
3. The partnership enterprise law cannot be applied;
4, if the production and operation, with reference to the provisions of the general principles of the civil law on individual partnership for processing, namely:
The debts of a partnership enterprise shall be paid off by the partners with their own property in accordance with the proportion of capital contribution or agreement. Partners shall be jointly and severally liable for the debts of the partnership, unless otherwise provided by law. Where a partner repays more than his share of the partnership debts, he shall have the right to recover from other partners.
Extended data:
Legal liability
Article 100?
If the liquidator fails to submit a liquidation report to the enterprise registration authority in accordance with this Law, or the liquidation report conceals important facts, or has major omissions, the enterprise registration authority shall order it to make corrections. The expenses and losses arising therefrom shall be borne and compensated by the liquidator.
Article 101?
If the liquidator performs liquidation affairs and obtains illegal income or encroaches on the property of the partnership, he shall return the income and encroached property to the partnership; If losses are caused to the partnership or other partners, they shall be liable for compensation according to law.
Article 102?
If the liquidator, in violation of the provisions of this Law, conceals or transfers the property of the partnership, makes false records on the balance sheet or property list, or distributes the property before paying off the debts, thus harming the interests of creditors, he shall be liable for compensation according to law.
Article 103?
If a partner violates the partnership agreement, he shall bear the liability for breach of contract according to law.
Disputes arising from the performance of the partnership agreement by partners may be settled through consultation or mediation. If they are unwilling to settle the dispute through negotiation or mediation, or if negotiation or mediation fails, they may apply to an arbitration institution for arbitration according to the arbitration clause agreed in the partnership agreement or a written arbitration agreement reached afterwards. If there is no arbitration clause in the partnership agreement and no written arbitration agreement is reached afterwards, a lawsuit may be brought to the people's court.
Article 104?
Any staff member of the relevant administrative organ who, in violation of the provisions of this Law, abuses his power, engages in malpractices for selfish ends, accepts bribes or infringes upon the legitimate rights and interests of the partnership enterprise shall be given administrative sanctions according to law.
Article 105?
Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility according to law.
Article 106?
In violation of the provisions of this law, those who should bear civil liability for compensation and pay fines and penalties, if their property is insufficient to pay at the same time, shall bear civil liability for compensation first.
Database of laws and regulations-People's Republic of China (PRC) partnership enterprise law