n Transactions of the Centre for Business Law - The way in which a partnership is dissolved by civil death. Chapter 33
|Article Title||The way in which a partnership is dissolved by civil death. Chapter 33|
|© Publisher:||University of the Free State|
|Journal||Transactions of the Centre for Business Law|
|Publication Date||Feb 2006|
A partnership is dissolved by civil death in the same way as it is dissolved by natural death (l. verum.ss. fin. ff. pro soc. Petr. de Ubald. in tract. de duob. fratr. part. 11. sub num. 1. Hond. consil. 62. num. 22. lib. 1). An example of this is loss of status both maximal and intermediate with which we dealt in 1 & 2 (in ss. 1. & 2. Inst. de capi. diminut.) and also (in d. l. verum. in fin). A partnership is not dissolved by the lesser type of loss of status like adoption or emancipation so that a partnership will continue even if one of the partners has been adopted or emancipated (l. actione. ss. societas. ff. pro soc.Petr. de Ubald. d. part. 11. sub num. 1). The position is somewhat different where a servant with whom a partnership has been entered into is manumitted or sold by his owner because a partnership is dissolved by the manumission or alienation of one of the partners (l. si id quod. ss. si servus. ff. pro soc. Petr. de Ubald. d. part. 11. num. 1. in fin). The reason for the distinction made between a son in power and a slave is that a son may validly enter into a contract both as a son in power and as an emancipated person, but a slave while still in servitude cannot enter into a valid contract (Gl. in d. l. si id quod. ss. si filius familias. in ver. finitam. ff. pro soc. Menoch. cons. 121. nu. 59. lib. 2).
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