Partnership

No one is compelled against his will to remain in a partnership.

Nemo invitus compellitur ad communionem.

Source: Dig. 10, 3, 28; Jackson, *Latin for Lawyers* (1915); Selden v. Vermilya, 2 Sandf. (N.Y.) 568, 593

Partnership rests on mutual consent — the moment any partner withdraws that consent, the association is dissolved.

When any partner renounces the partnership, the partnership is dissolved.

Cum aliquis renunciaverit societati, solvitur societas.

Source: Tray. Leg. Max. 118; Weisman, 85b

A single partner's withdrawal ends the partnership for all — the law will not bind a man to an association he has repudiated.

The partner of my partner is not my partner.

Socii mei socius meus socius non est.

Source: Dig. 50, 17, 47, 1; Jackson, *Latin for Lawyers* (1915), Max. 984; Weisman, 85e

Partnership is a personal relation — it does not extend by implication to persons with whom one has no direct agreement.

A partnership is dissolved by the death of a partner.

Morte socii solvitur societas.

Source: Inst. 3, 26, 5; Dig. 17, 2; Weisman, 85h

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.

Several partners are as one body, inasmuch as they hold one right.

Participes plures sunt quasi unum corpus, in eo quod unum jus habent.

Source: Co. Litt. 164; Jackson, *Latin for Lawyers* (1915), Max. 787; Weisman, 85g

Partners are united by their shared interest in the common property — as to third parties, they act and are treated as a single entity.