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NeCede's

Maxim 5.6.7

The right of survivorship, for the benefit of commerce, holds no place among merchants.

Jus accrescendi inter mercatores pro beneficio commercii locum non habet.

Source: C.L.M.; Co. Litt. 182; Weisman, 58r Difficulty 2/5 — Approachable

Explanation

Among business partners, a deceased partner's share passes to his heirs, not to the surviving partner — commerce requires certainty of succession.

Where this applies

  • My business partner died — does his share of the business go to me or to his family?
  • In a partnership, the surviving partner wants to keep the deceased partner's share.

Legal domains

commercialinheritance

See also

Cite this maxim

NeCede Max. 5.6.7 — The right of survivorship, for the benefit of commerce, holds no place among merchants. — C.L.M.; Co. Litt. 182; Weisman, 58r (Jus accrescendi inter mercatores pro beneficio commercii locum non habet.)

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