Basic case On April 14, 2005, Sun Xlin, Sheng Mou and Qin Mou signed a partnership agreement, stipulating that * * * would contribute equally to the purchase of a market business house in Gaoping District. On April 2, 2005, Kloc-0, the three people bought the building for 5.05 million yuan and took over the operation from then on. Sun Xlin informed his brother Sun Xwu of this business information when signing the partnership agreement, which aroused Sun Xwu's interest. Sun Xwu gave Sun Xlin some funds to participate in the investment in the name of Sun Xlin. Sheng Mou and Qin Mou knew about Sun Xwu's participation in the investment. On February 7, 2006, Sun Xlintu died in a car accident, and his wife Lin and Sun Xwu had an argument. Sun X Wusui sued Sheng Mou, Qin Mou, and asked for a judgment to confirm their partner status, and confirmed that the contribution of the partnership was 433,333 yuan. Defendants Sheng and Qin have no objection to the original statement, please confirm that they are partners; Defendant Lin argued that the plaintiff did not participate in the investment. The judgment was tried by our court according to law, and the collegial panel held that Sheng and Qin were aware of the plaintiff Sun Xwu's participation in the investment, and Sheng and Qin had no objection to the original statement. Referring to the theory of dormant partnership, it should be considered that the plaintiff and the enterprises operated by Sun Xlin, Sheng Mou and Qin Mou constitute similar dormant partnerships. Therefore, our hospital decided to confirm Sun X, a partner of the plaintiff's Wushu Department, and confirmed that his capital contribution was X yuan according to the evidence in the file. Comment on dormant partnership generally refers to a special partnership in which one party (sleeping partner) contributes to the business operated by the other party (named partner) and shares the benefits arising from its operation, but it is not recorded in the relevant partnership agreement and registration. According to research, dormant partnership originated from the Mediterranean coast in the Middle Ages. On the one hand, it can maintain a small-scale personal trust relationship, on the other hand, investors often assume responsibility only within the amount of capital contribution, and investors do not have to directly participate in management, so it can attract investors and achieve the purpose of raising funds quickly and in large quantities. Although dormant partnership also has some disadvantages, such as no relevant registration among sleeping partners, which is not convenient for supervision and management; Sleeping partner often uses it to transfer property, evade tax debts and even launder money, but up to now, most civil law countries still stipulate dormant partnership. At present, there are a large number of dormant partnerships in China's economic life, but the current law does not clearly stipulate this. Most scholars hold a positive attitude towards whether China should establish a dormant partnership system, but some people object. The reasons for the objection are briefly as follows: 1. If the anonymous partnership is affirmed, it will open the door for party and government officials to do business, and at the same time provide a legal and safe channel for those who obtain ill-gotten gains to transfer their property, which will bring difficulties to the investigation of such cases. 2. Sleeping partners often only take responsibility within the amount of capital contribution, which is seriously contrary to the premise that limited liability requires publicity. The author believes that the breeding of corruption is not necessarily related to the dormant partnership system. On the contrary, establishing and standardizing the dormant partnership system is conducive to enhancing citizens' investment enthusiasm and protecting the legitimate interests of partners and creditors. Specific to this case, the collegial panel is based on the following factors: 1, the plaintiff Sun Xwu's participation in the investment is conclusive, and because his brother Sun Xlin did not participate in the operation, he has participated in the operation so far, and Sheng and Qin both knew it from the beginning; 2. Sheng Mou and Qin Mou have no objection to Sun Xwu's application to confirm his partner status. If the court confirms the plaintiff's partner status, it will not bring difficulties to the partnership; 3. Sun Xwu, the plaintiff, is not a staff member of the party and government organs who are prohibited from doing business; 4. In this case, there is no other similar situation except that the plaintiff once participated in the investment in the name of his brother Sun Xlin; 5. Defendant Lin and others are the heirs of the plaintiff's brother. Confirming the plaintiff's partner status is conducive to passivating contradictions and simplifying the law to protect the people. Referring to the theory of dormant partnership, our court decided to confirm the plaintiff's partner status according to law. The above is the relevant knowledge compiled by Bian Xiao for everyone. I believe you have a general understanding through the above knowledge. If you encounter more complicated legal problems, please visit the website for online consultation with lawyers.