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NeCede's

Maxim 4.5.4

A partnership is dissolved by the death of a partner.

Morte socii solvitur societas.

Source: Inst. 3, 26, 5; Dig. 17, 2; Weisman, 85h Difficulty 1/5 — Foundational

Explanation

Because partnership rests on personal trust and consent, the death of any partner extinguishes the relationship — the survivor carries on alone or not at all.

Where this applies

  • A business partner dies and the question is what happens to the partnership.
  • The surviving partners want to continue the business after a partner's death.

Topics

Partnership

Legal domains

commercialinheritance

See also

Cite this maxim

NeCede Max. 4.5.4 — A partnership is dissolved by the death of a partner. — Inst. 3, 26, 5; Dig. 17, 2; Weisman, 85h (Morte socii solvitur societas.)

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