n Transactions of the Centre for Business Law - Preface

Volume 2010, Issue 45
  • ISSN :



Although some academic writers still deem it meet to refer to the common law partnership as one of the most important forms of enterprise in the business world, it is also clear that the unincorporated partnership has long lost pre-eminence as a vehicle for associated commercial enterprise, largely because of the relative advantages of incorporation and especially since the introduction of the very successful 69 of 1984. Hence the predisposition to view the subject of partnership law in the same light as Ebenezer Scrooge regarded his famous partner Jacob Marley in , i.e. an unnecessary reminder of times past. If this view is tenable for the law of partnership in the United Kingdom, then surely the comparative tendency must be to consider the topic the South African law of partnership and as the very incarnation of times best forgotten.

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