The ways in which a partnership is dissolved trough its assets. Chapter 34

• DOI: 10.10520/EJC74049
• Published date: 01 February 2006
• Author: H.A. Wessels
• Date: 01 February 2006
• Pages: 215-222

Chapter 34

The ways in which a partnership is dissolved trough

its assets

Summary

1. If the nature of the assets is changed e.g. if it is no longer capable

of private ownership.

2. If the assets are extinguished the partnership itself is dissolved.

Note also no. 3.

4. If a partnership is entered into for a specified time and the capital

is exhausted no partner may be required to contribute more.

5. An agreement to the effect that a partnership shall continue once

the capital has been exhausted is untenable.

6. Once the office has been abolished the partnership of offices is

also brought to an end.

7. It is doubtful whether the capital should be restored dissolved

Note no. 8 & 9.

10. Once the offices have been alienated the partnership

contracted in connection with them is also dissolved Note also no.

11 & 12. This applies to offices that are completely vacant and not

to those which are not completely vacant no. 15.

13. Other partnerships are not dissolved by alienation of the assets.

14. A partnership is dissolved by the sale of a slave because the

person with whom this contract of partnership has been entered

into was changed.

16. Resignation of offices in fraud of creditors is not allowed.

17. A person ignorant of the alienation of an office cannot claim

interest unless he does so on the basis of a donation cf. also no.

18 & 19.

20. And on the basis of interests but with the requirement of con-

current delicts.

21. When the purpose for which a partnership was entered into is

completed, the partnership is terminated.

22. An example involving inn-keepers is provided.

23. It is explained.

24. A partnership is dissolved by property.

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