n Transactions of the Centre for Business Law - The causes of partnership, substantial, natural and accidental. Chapter 2
|Article Title||The causes of partnership, substantial, natural and accidental. Chapter 2|
|© Publisher:||University of the Free State|
|Journal||Transactions of the Centre for Business Law|
|Publication Date||Feb 2006|
|Pages||50 - 64|
To achieve any object four causes should be considered, efficient, material, formal and final. Two are said to happen, namely efficient and final and two are said to exist namely material and formal (Bald. in l. dictam. legem. sub n. 2 C. decondict. ob turp. caus. & in l. patre furioso. in l. addit. nu. 5. ff. de bis qui sunt sui vel alien. juris. Abb. In prooem. decret. col. pen.). An efficient cause is one which completes the task as far as the material are concerned (Abb. in d.prooem. decret. col. si. Bald. in rub. ff. de just. & jure. n. 18. & in d. l. dictam legem. n. 11.). In partnership the efficient cause is man as in all other contracts. Decianus, my teacher stated (in cons. 64 n. 13. lib. 3.) eloquently that two causes should be considered, proximate and remote. A proximate cause is where one enters into a contract by himself, a remote cause is where he does so through a messenger or an agent (juxta text. in l. societatem coire. ff. pro socio & Dec. in cons. 97 n. 36 lib. 2 as declared by Abb. in d. prooem. decretal. col. fin. & after him Maranta in sua praet. part. 1. sub n. 21). A material cause is one from which something originates. It is stated (Arist. lib. 2. Ethicor. Glossa & Bart. in l. si convenerit. ff. de pignor. Abb. in d. prooem. decret. col. sinal. Bald. in d. l. dictam legem. n. 9.) that the nature of an object precedes its form and that which has the propensity to form (Bald. in prooem. ff. in 2. lect. & ibi late Cagnolus.). The material cause in partnership is consent, because first of all consent is required from the contracting parties (l. consensu. ff. de act. & obligat. ff.1 Instit. de oblig. ex cons. Decian. d. cons. 64 n. 13. lib. 3). It is stated that consent is material and the consent of every single party to the contract should be considered separately before they are joined in the contract. The property can also be material to the contract of partnership because the consent of the parties concerns the property brought into the partnership and without property there can be no partnership (Bald. in l. 2. C. decontrah. emptio. & in l. 1 nu. 1. C pro soc. & in cons. 452. sub n. 2 lib. 3. Paris. cons. 82. num. 2 lib. 1) were to those who give money is not due but that the money is meant for the hands of another (Castr. in d. Tract. de societ: office. c. 5.).
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