n Transactions of the Centre for Business Law - Gain. Chapter 13
|Article Title||Gain. Chapter 13|
|© Publisher:||University of the Free State|
|Journal||Transactions of the Centre for Business Law|
|Publication Date||Feb 2006|
|Pages||102 - 104|
The partnership directed at gain has its own peculiar form as I have said above (in c. superiori), and now we must look at gain and the partnership directed at gain. The term gain as it is found in the partnership directed at gain does not include assets acquired by a lucrative title (l. nec. adjecit. cum 2. seqq. ff. pro soc. Sagur. ad Bald. in l. si fratres. ss. si inter fratres ff. eod. Gomes. d. lib. 2. resolut. jur. cap. 5. num. 4.). And this is correct to the extent that should one of the partners acquire an object while engaged in business pertaining to the partnership such an acquisition need not be shared for instance if a partner should approach the emperor in connection with partnership affairs and be given something by the emperor, that gift need not be shared with the other partner (l. socium. ss. socius. & ibi Bart. ff. pro soc.Thob. cons. 91. n. 5. & 10.). But a distinction should be drawn and donations should be looked at in two ways. Firstly on account of the partnership that is in contemplation of the partnership an then they must be shared on account of the partnership where the partnership is the remote cause and the donation was made in contemplation of a particular person and in that case it need not be shared (l. aditio hereditatis. ff. de acq. hered. Gl. Bart. & Bald. in d. l. socium. ss. socius. ff. pro soc.). And where doubt exists as to whether the donation was made in contemplation of the partners of the partnership it is presumed to have been made in contemplation of the partners (Bald in l. cum oportet. nu. 3. C. de bon. quae lib. Menoch. in tract. de praesumpt. lib. 3. praes. 26. n. 24. & praes. 27. sub n. 7.).
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