Gain. Chapter 13

• Pages: 102-104
• Published date: 01 February 2006
• Date: 01 February 2006
• DOI: 10.10520/EJC74058
• Author: H.A. Wessels

Chapter 13

Gain

Summary

1. The term gain does not include profits arising from a lucrative title.

2. Gain does not include profits acquired by one of the partners by

reason of the partnership.

3. Donations made on account of the partnership, which means in

contemplation of the partnership are shared just like donations made

in contemplation of a person.

4. When there is doubt a donation is presumed to have been made

to benefit a partner and not the partnership.

5.The term gain includes everything derived from any efforts and this

includes profits derived from sale, lease and the skills of the partners

engaged in trade, business and handicrafts.

6. Trade, business and handicraft differ from each other but they are

the same as far as gain is concerned.

7. The term business includes trade and handicraft.

8. Gain derived from an object which does not form part of the assets

of the partnership is shared for instance the lease of molendini.

9. There are many examples of particular gain.

10. Limited gain must be shared if the partnership entered into is

limited to that particular type of gain.

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 part-

nership directed at gain does not include assets acquired by a lucra-

tive 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 in-

stance 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 partner-

ship an then they must be shared on account of the partnership

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