家族企業共有財產制問題研究

Research on the System of Common Property in Family Business

理論界呼籲已久的家庭共有財產制度依舊未呈現于最新頒行的《中華人民共和國民法典》之中，作為家庭財產共有制重要表現形式之一的家族企業，其共有財產的管理原則同樣未得到現行立法的有效規制。立基于此，本文擬就增設家族企業財產共有制的必要性、共有關係的成立前提、共有財產的涵蓋範圍、權利主體、對內共有形式設置和對外債權債務處理機制展開詳細論述，以期為家族企業共有財產管理擺脫制度缺失困境提供立法參考和建設指向。

The system of family co-ownership, which has been called for by theorists for a long time, still has not been listed in the newly issued Civil Code of the People’s Re-public of China. As one of the important forms of family co-ownership system, the man-agement principle of family co-ownership has also not been effectively regulated by the current legislation. Based on it, this thesis set up the necessity of family business property tenancy system, the premise of the mutual relationship’s formation, the coverage, the right subject, the co-owner form, and the debts processing system of the joint property, in order to provide legislative reference to family enterprises.