n Transactions of the Centre for Business Law - The voluntary dissolution of a partnership. Chapter 35
|Article Title||The voluntary dissolution of a partnership. Chapter 35|
|© Publisher:||University of the Free State|
|Journal||Transactions of the Centre for Business Law|
|Publication Date||Feb 2006|
|Pages||223 - 232|
A voluntary dissolution of a partnership may be either express or tacit. Tacit dissolution is defined which reads as follows: "When two partners begin to act separately and each one conducts his own affairs, there can be no doubt that legally the partnership has been dissolved". Just as a partnership may come into existence through associative conduct so it can be terminated by dissolutive conduct and the same rules are applicable to their opposites (Baldus. in consil 452 num. 4. lib. 1. Cephal. consil. 396. num. 7. lib. 3. Menoch. in tractat. de praesumpt. lib. 3. praesum. 60. num. 10. Mascard. conclus. 1310. Joseph. Lud. conclus. 53. fol. 134). This must be understood to apply when all the partners indulge in this dissociative conduct, but if only one partner acts in a dissociative way while the other one is in ignorance and therefore has not given his consent, the partnership is not dissolved (in l. sed. & socius. ss. fin. ff. pro soc. Bald. in l. si patruus. sub num. 1. C. commun. utr. jud. & in d. consil. 452. lib. 3. Petr. de Ubald. in tract. de duobus fratr. part. 11. sub num. 2. Natt. consil. 100. num. 5. lib. 1. Menoch. de praesum. d. praes. 60. sub num. 10).
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