The formative cause. Chapter 12

• Pages: 90-101
• Published date: 01 February 2006
• Date: 01 February 2006
• DOI: 10.10520/EJC74059
• Author: H.A. Wessels

Chapter 12

The formative cause

Summary

1. The end has its origin in the intention and it is the object contem-

plated. Therefore the formal cause is that which is operative with the

end in mind. The shape of a partnership consists sometimes in profit

and sometimes in gains.

2. Profit includes everything acquired in whatsoever way and every-

thing else which can be contrived.

3. Profit even includes that which was acquired by one of the partners

which cannot be acquired by the other partners. If a father wishes

to do so he may cause his illegitimate child to enter into a partner-

ship with some other person and then institute that other partner

as his heir, thereby allowing his illegitimate child to have his assets.

4. An immunity available to one partner may benefit the other.

5. According to some this only applies to real immunities and not

to personal immunities.

6. I am of the opinion that it applies also to personal immunities.

7. The partner who enjoys the immunity also feels the loss because

the partners share all advantages and losses.

8. Personal immunities and privileges which are connected and in-

divisible also extend to the other partner.

9. A minor who retains the privilege attached to his being a minor

may benefit a partner of mature age.

10. Restitution to a prior position granted to a partner whether a minor

or a person of mature years will benefit the other partner and no. 11.

12. An immunity granted to a partner on the ground of his having

twelve children will benefit the other partner.

13. The privilege attached to being a doctor will be enjoyed by the

other partner

14. The privilege attached to clerics as far as the court is concerned

will benefit a layman should they have a joint action.

15. If the church and a layman are joint owners of a farm the re-

quisite time for prescription will be that applicable to ecclesiastical

property.

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