Maxim 1.5.189
Partners are, as it were, capable of a share, or taking a part, because the thing is common among them by reason of the plurality of persons.
Participes, quasi partis capaces, sive partem capientes, quia res inter eas est communis, ratione plurium personarum.
Source: Co. Litt. 146; Jackson
Difficulty 1/5 — Foundational
Explanation
The concept of partnership rests on shared ownership — each partner holds a proportionate interest in the common property, and none may claim the whole to the exclusion of the others.
Where this applies
- Partners share a common interest in property and each holds a proportional share.
- A co-owner claims the entire property for themselves, excluding the other owners.
Legal domains
Cite this maxim
NeCede Max. 1.5.189 — Partners are, as it were, capable of a share, or taking a part, because the thing is common among them by reason of the plurality of persons. — Co. Litt. 146; Jackson (Participes, quasi partis capaces, sive partem capientes, quia res inter eas est communis, ratione plurium personarum.)
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