Title 9
in forceOf partnership (maatschap)
Section 1
General provisions
A partnership (maatschap) is an agreement whereby two or more persons bind themselves to bring something into community, with the object of sharing…
Partnerships are either universal or particular.
The law recognises only the universal partnership of profits. It prohibits all partnerships, whether of all property or of a specific part thereof…
The universal partnership of profits comprises only that which the parties, under any designation whatsoever, shall acquire by their industry during…
The particular partnership (bijzondere maatschap) is that which relates solely to certain specific property, or to the use thereof, or to the fruits…
Section 2
Of the obligations of the partners among themselves
The partnership (maatschap) commences from the moment of the agreement, if no other time is stipulated therein.
The contribution of the partner may consist of money, property, the enjoyment of property and labour.
When one of the partners, for his own account, has a claim for a due and payable sum from a person who also owes a similarly due and payable sum to…
If one of the partners has received his entire share in a joint claim of the partnership, and the debtor has subsequently become insolvent, that…
If, in the partnership agreement, the share of each partner in the profits and the losses has not been determined, the share of each is proportionate…
The partners cannot stipulate that they shall leave the determination of the size of their share to one of them or to a third party.
The stipulation whereby all the profits are promised to one of the partners is void.
The partner who, by a special stipulation of the agreement of partnership (maatschap), is charged with the management, may, even against the will of…
If several partners are entrusted with the management, without their specific duties being determined, or without a stipulation that one may not…
If it has been stipulated that one of the managers may perform nothing without the other, the one may not, without a new agreement, act without the…
In the absence of special stipulations regarding the manner of administration, the following rules shall be observed:
Each of the partners may, even without the consent of the others, take on a third person as a participant in the share which he has in the…
Section 3
Of the obligations of the partners towards third parties
The partners are not each bound for the whole of the debts of the partnership; and one of the partners cannot bind the others, if the latter have not…
The partners may be held liable by the creditor with whom they have dealt, each for an equal sum and equal share, even if the share in the…
The stipulation that an act has been entered into for the account of the partnership binds only the partner who has entered into it, but not the…
If one of the partners has entered into an agreement in the name of the partnership, the partnership may claim performance thereof.
Section 4
Of the various ways in which the partnership ends
A partnership is dissolved:
The court may, upon the claim of any of the partners, dissolve the partnership for important reasons.
A termination is voidable if it has been effected contrary to reasonableness and fairness.
If it has been stipulated that, in the event of the death of one of the partners, the partnership shall continue with his heir, or solely between the…