Introduction (Proemium .20-.36)

• Author: H.A. Wessels
• Date: 01 February 2006
• Published date: 01 February 2006
• Pages: 39-46
• DOI: 10.10520/EJC74064

PART 2

TRANSLATION OF SELECTED PASSAGES

HA Wessels

Introduction (Proemium .20-.36)

A summary of chapters and of those important matters which are

included in each chapter of this treatise on partnership by Mr. Hector

Felicius the jurist.

Foreword: The various forms of friendship are dealt with here be-

cause partnership is a form of friendship. How many forms of partner-

ship there are. The meaning of a partnership and the reason for it

being created. The scheme of the entire treatise is set out.

Chapter 1. Various definitions of partnership are provided and the dif-

ference between partnership and other forms of contract is indicated.

2. The adequate cause for a partnership, things material and things

instrumental are explained, things which are formal and those which

are vital to the partnership are stated. The essentials, matters natural

and accidental of the partnership and in what circumstances can

they be modified or removed.

3. The requirements of a (valid) partnership is dealt with, particularly

those persons who are capable of entering into a partnership.

Firstly persons less than fourteen years of age are dealt with and the

question whether a partnership can be entered into with them and

the question whether a contract can be entered into with them

after prior authorisation by the guardian. What is the position

concerning acts performed on behalf of minors by those living with

the m inors and administer there proper ty jointly. Much is said about

negotiorum gestio.

4. The position of a minor who has a tutor is dealt with, is he in a

position to enter into a partnership with his tutor of with one of his

tutors with the authorisation of another tutor or is he in a position to

enter into a partnership with extraneous person with the authority

of his tutors.When is a judicial decree required?

5. The position of a person between the ages of fourteen and twenty-

five who has no tutor is also dealt with. Can he enter into a

partnership, what formalities are required. A minor described in

the list of merchants, the statute providing that the lawful age is

eighteen. The oath and restitutio in integrum.

6. The position of children in parental power, slaves and church digni-

taries which cannot enter into a partnership for want of capacity is

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