n Transactions of the Centre for Business Law - On obligations and actions. Chapter 30
|Article Title||On obligations and actions. Chapter 30|
|© Publisher:||University of the Free State|
|Journal||Transactions of the Centre for Business Law|
|Publication Date||Feb 2006|
|Pages||184 - 199|
In this chapter there is no need to deal with an obligation entered into before the partnership came into existence because such contracts are not attributable to the partnership (Paris. consil. 94. nu. 15. lib. 1). I have shown earlier how after its coming into existence the partnership it may assume responsibility for those debts (cap 9. num. 43). Neither is it necessary to deal with contracts entered into after the dissolution of the partnership because I shall deal with them presently in my discussion of the dissolution of partnerships. In this present chapter I shall deal with contracts entered into with extraneous people during the existence of the partnership and obligations germane to the actual bringing about of the partnership itself. I shall therefore proceed in this order. Firstly, I shall deal with contracts concluded with extraneous people and secondly, I shall deal with obligation and actions emanating from the contract of partnership itself. As far as the first group is concerned, partners entering into contractual relations with extraneous people sometimes become debtors and sometimes become creditors.
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