The voluntary dissolution of a partnership. Chapter 35

• Author: H.A. Wessels
• DOI: 10.10520/EJC74048
• Published date: 01 February 2006
• Pages: 223-232
• Date: 01 February 2006

Chapter 35

The voluntary dissolution of a partnership

Summary

1. The voluntary dissolution of a partnership may be express or tacit.

2. A partnership is dissolved tacitly by conduct incompatible with the

continued existence.

3. What is the position where there is no consensus

4. A partnership is dissolved expressly by renunciation.

5. Renunciation may take place by general proxy unless this was

expressly prohibited.

6. A general agent is not in a position to alter that which was spe-

cially provided for by his principal.

7. A general agent is not empowered to renounce a partnership

without good reason.

8. Renunciation made by an agent can be ratified by his principal.

9. It may be done by a guardian

10.Renunciation can dissolve a partnership where there is general

consensus, and failing this only the person making the renunciation

is affected.

11. A renunciation made fraudulently only affects that particular

partner who seeks to acquire everything for himself. Note also no. 12.

13. A renunciation made at an inopportune time only affects the

partner making it. This means that the renunciation was made at a

time when those commodities forming the assets of the partnership

has no real market.

14. Or if it is made while the partnership is still in existence.

15. It can never be said that a clause providing for a time for with-

drawal from a partnership is a superfluity.

16. An action for damages is available against a partner who with-

draws from a partnership at an inopportune moment. But there is

a distinction.

17. A renunciation made during the absence of a partner or a renun-

ciation about which the partner is ignorant can only affect the

partner making it.

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