A Treatise on the Contract of Partnership (Electronic book text)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. Excerpt from book: Section 3textit{sociorum debet si prastare, sicuti suum; quia ipse adversus eos habet actionem. (Dig. lib. xvii. tit. 2. 1. 22.) 95. What we have so far said that one partner cannot take a third party into the partnership without the consent of the others, holds good even where that partner should have the management of the property of the partnership; because it is a thing which appears to me to pass the bounds of a simple management of the partnership property to give to his partners an associate whom they have not themselves chosen. If the survivor of two joined together by marriage has that power with regard to the partnership which has been contracted by default of an inventory, (as we shall see in my " Treatise on Marriage,") it is because the management is not a simple management, but a management textit{cum liberd and without bounds. SIXTH CHAPTER. textit{Of the Debts of Partnerships; and the Liability of each of the Partners for them. With respect to this, it is necessary to distinguish between partnerships in trade and those which are not partnerships in trade; and amongst partnerships in trade, between those which are called partnerships textit{en nom collectif and those which are called partnerships textit{en commandite and partnerships termed textit{anonymes. 1. textit{Of the Debts of Partnerships EN NOM COLLECTIF. 96. In partnerships of commerce textit{en nom collectif each of the partners is bound textit{(solidairement) in solido, that is to say, " The partners textit{en nom collectif, mentioned in the act of partnership, are jointly and severally liable for all the engagements of the partnership, although only one of the partners has signed, provided it be (sows textit{la raison sociale) in the name of the firm. Comm. Cod. of France, 22. See Pothier on Obligations, n. 83. Our...