n Transactions of the Centre for Business Law - The ways in which particular partnerships are contracted tacitly. Chapter 11
|Article Title||The ways in which particular partnerships are contracted tacitly. Chapter 11|
|© Publisher:||University of the Free State|
|Journal||Transactions of the Centre for Business Law|
|Publication Date||Feb 2006|
|Pages||79 - 89|
We have looked at the ways in which a universal partnership is entered into tacitly and we must now look at the other partnerships and the way in which they can be entered into tacitly. That which has been said above about the partnership involving an assets and the ways in which it can be tacitly concluded must also be said of all the other partnerships namely that they can be tacitly concluded by the performance of an act of partnership (ex. l.Paulus. ff. rem rat hab.). And even if a community is possible without a partnership (leg. ut sit. ff. pro soc.) nevertheless there can be no partnership without a community (l. 1. in fine. & l. si id quod. in vers. caeterum. ff. pro soc. & in l. si tibi avae. in fin. ff. de praescrip. verb. Rom. in consilio centesimo sexagesimo octavo, numero tertio. Dd. in l. si pascenda.Codic. de pactis.) and therefore one will have to consider what property was collated, what kind of partnership was entered into, what property is involved and the conduct of the contracting parties will be considered. And those things will be considered as collated and in connection with which a partnership was established which appears from the conduct of the partners and nothing beyond that (l. prima, ss. hoc interdicto. ff. de itine. actuque privat. Baldus in consilio 125. & in consilio 55. libr. 5. Bartolus in consilio 168. sub numero 1. libr. 1. Rom. dict. consilio 168. sub numero 3. Corn. in consilio 9. libr. 1. Petrus de Ubaldis in tractat. de duob. fratrib. part. 3. sub numero 21. Decian. cons. 36. lib. 1.).
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