On the instrumental cause. Chapter 10

• DOI: 10.10520/EJC74061
• Date: 01 February 2006
• Pages: 65-78
• Published date: 01 February 2006
• Author: H.A. Wessels

Chapter 10

On the instrumental cause

Summary

1. Consent is made known by words and by conduct.

2. There are two forms of partnership tacit and express.

3. An express partnership is entered into verbally.

4. Even if not everything but some prerequisites of a partnership

have been mentioned.

5. Even if reference is made to that which have been stated in

other documents.

6. The words used to bring about a partnership involving all the assets.

7. Can universal matters be expressed by joining several words to-

gether.

8. Superfluity of words are avoided as a cautionary matter.

9. Words of profit or gain do not indicate a partnership involving all

the assets.

10. The word gain is universally limited by adding the word profit

which has a special meaning.

11. Note (l.sed & si adjiciatur.ff.pro soc.) and no. 12

13. The way in which a particular partnership is entered into. A

partnership entered into simply is understood to mean a partner-

ship for profit unless the nature of the contracting parties indicates

otherwise.

14. The words in the first instance and not that which has been

done should be looked at in order.Because they are of primary

importance to signify meaning. No matter how the nature of a con-

tract is changed but if the words are repugnant to the nature of a

contract more attention is given to what was done than to what was

spoken.

15. Some people hold that a partnership involving all the assets

cannot be entered into tacitly.

16. A partnership involving all assets can be entered into tacitly

and I approve of that view.

17. To hold that a partnership involving all assets have been entered

into three requisites are stated, a living together, a sharing of profits

and the freedom from rendering accounts to each other.

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