Continuity and Change: Partnership Formation Under the Common Law

74 Pages Posted: 27 Nov 2013

See all articles by Deborah W. Post

Deborah W. Post

Touro University - Jacob D. Fuchsberg Law Center

Date Written: 1987

Abstract

Partnership law has begun to emerge from the shadow of corporation law. At one time, partnership was a topic that received scant attention in the law school curriculum and in academic scholarship. Today there is renewed interest in partnerships and in the statute which determines most partnership issues, the Uniform Partnership Act. At the Annual Meeting of the National Conference of Commissioners on Uniform State Laws in August 1986, the Commissioners approved the appointment of a committee to revise the Uniform Partnership Act (U.P.A.).

The common law of partnership utilized words and phrases which were evocative of both contract and property concepts and the values those concepts represent. A thorough examination of the common-law of partnership illustrates the significance of these symbols and should inform the choice of language in any proposed revision.

Keywords: Common Law, partnership, community of interest, intent, constructive partnership, U.P.A., empirical, formalism

Suggested Citation

Post, Deborah W., Continuity and Change: Partnership Formation Under the Common Law (1987). 32 Vill. L. Rev. 987 (1987), Touro Law Center Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2359806

Deborah W. Post (Contact Author)

Touro University - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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