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NeCede's

Maxim 4.5.6

When the subject is extinguished, the incident ceases.

Extinctione subjecti, tollitur adjunctum.

Source: Inst. 3, 26, 6; Kent, Comm. 52, n.; Weisman, 85c Difficulty 2/5 — Approachable

Explanation

When the business for which a partnership was formed is completed or destroyed, the partnership itself ceases — the incident cannot survive the principal.

Where this applies

  • A partnership was formed for a specific project and the project is completed.
  • The purpose of a business association has been fulfilled and it naturally dissolves.

Legal domains

commercial

See also

Cite this maxim

NeCede Max. 4.5.6 — When the subject is extinguished, the incident ceases. — Inst. 3, 26, 6; Kent, Comm. 52, n.; Weisman, 85c (Extinctione subjecti, tollitur adjunctum.)

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