The way in which a partnership is dissolved by civil death. Chapter 33

• Date: 01 February 2006
• Pages: 213-
• Published date: 01 February 2006
• DOI: 10.10520/EJC74050
• Author: H.A. Wessels

Chapter 33

The way in which a partnership is dissolved by civil

death

Summary

1. A partnership is dissolved by civil death.

2. That means loss of status which can be maximal or intermediate.

3. But not the least form of loss of status which is adoption and

emancipation.

4. A partnership is dissolved by the manumission or alienation of

a slave

5. The reason for the distinction made between emancipation and

manumission.

6. Once emancipation has taken place should proceedings be in-

stituted against a father or his son.

7. A partnership is dissolved by excommunication.

8. I differ from this opinion.

9. A partnership is dissolved by the taking of holy orders. If a partner

does take holy orders he may remain there permanently or temporaril y.

A partnership is dissolved by civil death in the same way as it is

dissolved by natural death (l. verum.ss. fin. ff. pro soc. Petr. de

Ubald. in tract.de duob. fratr. part.11. sub num. 1. Hond.consil. 62.

num. 22. lib. 1). An example of this is loss of status both maximal

and intermediate with which we dealt in 1 & 2 (in ss. 1. & 2. Inst. de

capi. diminut.) and also (in d. l. verum. in fin). A partnership is not

dissolved by the lesser type of loss of status like adoption or eman-

cipation so that a partnership will continue even if one of the partners

has been adopted or emancipated (l. actione. ss. societas. ff. pro

soc. Petr.de Ubald. d. part.11. sub num. 1).The position is somewhat

different where a servant with whom a partnership has been entered

into is manumitted or sold by his owner because a partnership is

dissolved by the manumission or alienation of one of the partners

(l. si id quod. ss. si servus. ff. pro soc. Petr. de Ubald. d. part. 11.

num. 1. in fin). The reason for the distinction made between a son

in power and a slave is that a son may validly enter into a contract

both as a son in power and as an emancipated person, but a slave

while still in servitude cannot enter into a valid contract (Gl. in d. l.

si id quod. ss. si filius familias. in ver. finitam. ff. pro soc. Menoch.

cons. 121. nu. 59. lib.2). The question whether proceedings should

be instituted against the father or his son is considered (in d. ss.si

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