Maxim 4.5.10
In a partnership the condition of one who forbids is the more favorable.
Source: Black's, 607; Weisman, 85f
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) In a partnership dispute over the use of common property, the partner who objects prevails over the partner who proposes — the veto power in co-ownership is stronger than the power to act.
Where this applies
- Two business partners disagree about whether to lease out their jointly owned warehouse; the partner who objects prevails because in a partnership, the one who forbids has the stronger position.
- Co-owners of a patent dispute whether to license it to a foreign company; the partner who refuses blocks the deal because the veto power in co-ownership is stronger than the power to act.
- Two partners jointly own a restaurant; one wants to switch suppliers and the other opposes it; the opposing partner's position is favored because the one who forbids holds the advantage.
Legal domains
Cite this maxim
NeCede Max. 4.5.10 — In a partnership the condition of one who forbids is the more favorable. — Black's, 607; Weisman, 85f
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