Expenses and losses incurred without the wilfulness or negligence of a partner. Chapter 26

• Author: H.A. Wessels
• Published date: 01 February 2006
• Date: 01 February 2006
• Pages: 154-157
• DOI: 10.10520/EJC74055

Chapter 26

Expenses and losses incurred without the wilfulness

or negligence of a partner

Summary

1. All expenses as long as they are not caused by delict or willful-

ness must be shared.

2. Profits acquired in whatever way from whatever sources are shared

in a partnership involving all the assets.

3. Should gambling losses be paid out of the joint estate.

4. Debts incurred while performing a public office should be shared.

5. Medical expenses should be shared.

6. The French sickness is excluded.

7. A captive of the enemy should be able to recover at the expense

of the joint estate.

8. Children and family members should be supported by the joint

estate.

9. Children born from an unlawful wedlock need not be supported

in this way.

10. Expenses in honour of a child may be recovered from the joint

estate.

11. Wedding expenses for a son or daughter may be paid from the

joint estate.

12. Unless those expenses are excessive.

13. Study material may be bought with money from the joint estate

and becomes common property.

14. Expenses incurred by a son when he becomes an abbot or a

monk may be paid from the joint estate.This does not apply where

the partner himself becomes an abbot or a monk.

15. Votive offerings and contributions to charities may be paid out

of the joint estate & no.16.

17. Loss incurred by judicial malpractice should be shared.

18. All debts must be shared by the partners.

19. Funeral expenses of one of the partners should be paid out of

the joint estate.

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