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NeCede's

Maxim 4.5.1

No one is compelled against his will to remain in a partnership.

Nemo invitus compellitur ad communionem.

Source: Dig. 10, 3, 28; Jackson, *Latin for Lawyers* (1915); Selden v. Vermilya, 2 Sandf. (N.Y.) 568, 593 Difficulty 1/5 — Foundational

Explanation

Partnership rests on mutual consent — the moment any partner withdraws that consent, the association is dissolved.

Where this applies

  • A business partner wants to leave the partnership but the other partners refuse.
  • Someone is being held in a partnership against their will.

Topics

Partnership

Legal domains

commercialcontract

See also

Cite this maxim

NeCede Max. 4.5.1 — No one is compelled against his will to remain in a partnership. — Dig. 10, 3, 28; Jackson, *Latin for Lawyers* (1915); Selden v. Vermilya, 2 Sandf. (N.Y.) 568, 593 (Nemo invitus compellitur ad communionem.)

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