The ways in which a partnership is terminated. Chapter 32

• Published date: 01 February 2006
• DOI: 10.10520/EJC74051
• Pages: 200-212
• Date: 01 February 2006
• Author: H.A. Wessels

Chapter 32

The ways in which a partnership is terminated

Summary

1. A partnership requires no permanence.

2. A partnership is dissolved by the natural death of one of the partners

and the partnership cannot be continued but the heirs. Note also

& 11.

3. It is said that partners have been elected for their personal industry.

4. A partnership is never transmitted to heirs because that would

mean a restriction on the freedom of testation.

5. It is not possible to agree that a partnership will not be dissolved

by death but will be transmitted to the heirs.

6. When there is doubt the mention of heirs would give rise to the

presumption that no partnership was entered into.

7. Customarily a partnership between a landlord and tenant may

be transmitted to the heirs.

8. A statement to the effect that a partnership will enjoy existence into

perpetuity will be interpreted to mean the life span of the partners.

9. The same would apply to a statement mentioning a century or the

wishes of the partners.

10. A partnership entered into for a specific time is dissolved by

death even before the time span has elapsed.

11.A partnership is dissolved by death of one partner even if a partner

aware of the death fails to notify the other. Note also no. 12.

13. Profits made after the death of the partner are not shared.

14. The death of one partner dissolves the partnership even if they

entered into the partnership jointly (in solidum).

15. If a partnership has been entered into collectively e.g. between

Titius and the heirs of Sempronius the death of one of the heirs will

not cause the dissolution of the partnership.

17. This seems to have been tacitly agreed if a partnership entered

into was planned to last as long as Bartholomew, Maccinus and

Jerome wished it to last. Plurality was dissolved into the wishes of

each individual partner.

18. I do not approve of this point of view.

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