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NeCede's

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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