Continuity and Change: Partnership Formation Under the Common Law
74 Pages Posted: 27 Nov 2013
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
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