问题 名词解释

合伙协议的订立和生效

答案

参考答案:

合伙以合伙人之间的信任为基础,故合伙协议是一种具有人身性质的合同。

鉴于这种人身性质,法律还要求在订立合伙协议时,各当事人应当如实说明自己的财产和负债情况,以及从事其他经营活动的情况。《合伙企业法》第14条1款规定,合伙协议经全体合伙人签名、盖章后生效。这是因为,合伙协议属于诺成合同,一经订立就应当在当事人之间产生约束力。但是,合伙企业的设立,应从它完成等级时开始。

《合伙企业法》第17条第2款规定,合伙企业领取营业执照前,合伙人不得以合伙企业名义从事经营活动。所以,在合伙协议成立至合伙企业完成登记这段期间,合伙人之间的关系属于单纯的合同关系而非企业组织关系。在此期间,合伙人依据合伙协议实施的行为,由全体合伙人承担连带责任。

合伙协议生效后,全体合伙人可以在协商一致的基础上,对该协议加以修改或者补充。

 

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You know how wonderful you are,and you know that others know how wonderful you are,but what do you do when admiration crosses over the line into jealousy?For most teens there will come a day when you realize that one of your friends is jealous and that this jealousy is hurting your friendship.When this happens it can seem like there is nothing that you can do,but the good news is that there is.Don't let jealousy spoil your relationships.Tackle it head on and you might be back to normal much sooner than you think.

It can be hard to walk up to a friend and ask them what the problem is,but if you want to save your friendship you'll have to do just that.Don't approach them and ask why they are jealous of you (unless of course you want to appear totally conceited),just take some time alone with them and let them know that you've been feeling like there's been something coming between you.If they refuse to respond,then use the opportunity to explain how you have been feeling.Chances are that something you say will strike a nerve and your friend will open up as well.

When you figure out what is annoying your friend,ask him or her what (s)he thinks would make the situation better.If,for example,(s)he says that (s)he feels like (s)he doesn't get to spend any time with you because of your being off with your new friends from the swim team then maybe you could invite her along the next time or block off one day a week for just the two of you.Remember,though,that whatever solution you decide on should be a compromise.Don't limit your own talents or opportunities simply because your friend is unhappy.Try instead to include him or her in your new life and see how that works out.

Even the best of friendships can be tinged by jealousy.This destructive emotion is rarely productive and can turn best friends into worst enemies.Before taking extreme action,chat with your jealous friend to see if the two of you can work out a compromise.If you can't,be prepared to know exactly how far you will go to keep your friend and how far you won't.

小题1:According to the author,the jealousy emotion is ________.

A.normal

B.productive

C.destructive

D.extreme小题2:Which of the following is NOT mentioned as a way to confront your friend when jealousy happens?

A.Walking up to him/her and asking him/her why he/she is jealous of you.

B.Walking up to him/her and asking him/her what the problem is.

C.Spending some time with him/her and letting him/her know how you feel.

D.Spending some time with him/her and letting him/her know you think there's something coming between you.小题3:The purpose of the passage is ________.

A.to explain what causes jealousy

B.to offer some advice on making friends

C.to introduce the way to cope with a jealous friend

D.to explain how destructive the jealous emotion is小题4:What can be inferred from the last two paragraphs?

A.There's always a solution to solve the problem of jealousy.

B.Jealousy can turn best friends into worst enemies.

C.You may lose a friend to keep your own gifts,chances or selfdevelopment.

D.You should go a long way with your friend to work out a solution