The ways in which particular partnerships are contracted tacitly. Chapter 11

• DOI: 10.10520/EJC74060
• Published date: 01 February 2006
• Author: H.A. Wessels
• Pages: 79-89
• Date: 01 February 2006

Chapter 11

The ways in which particular partnerships are

contracted tacitly

Summary

1. A partnership is entered into tacitly by the performance of an act

of partnership.

2. There can be a community without a partnership but not a part-

nership without a community.

3. In order to determine what property is involved in a partnership

one has to consider the conduct of the parties and what property

has been collated.

4. If fruits alone have been communicated and not the ownership of

the fruits the partnership entered into does not involve ownership.

5. If fruits have been contributed for the sake of living together only

then a partnership for the sake of living together has been entered

into.The differences between a partnership entered into simply in-

volving fruits, and a partnership for the sake of living together.

6. Brothers who hold a paternal inheritance as an undivided whole

are called partners for this purpose only.

7. If profits are contributed in unequal proportions and some thereof

is retained the contract of partnership extends only to those portions

that have been contributed.

8. In all transactions and in all acquisitions a partnership extends

only to that which has been collated.

9. If the assets comprised in a partnership are expressly mentioned

no room is left for presumptions.

10. Statements and agreements are proved by documents are or

any other form of writing even if it is private.

11. By the letters of one of the partners.

12. By a single witness. But in that case he has to testify about the

conduct of the partners in that capacity which he had seen or heard

and it is not sufficient for him to say the partners are of such a dis-

position.

13. A partnership may be proved by an extra judicial confession.

And if anyone confessed that one of his superiors belongs to a

partnership words pronounced prove a partnership even if they

were spoken to ask for a division of property.

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