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Tentative Drafts of an ACT to Make Uniform the Law of Partnership - Couverture souple

National Conference Of Commissioners On Uniform State Laws. Committee On Commercial Law

 
9781290973717: Tentative Drafts of an ACT to Make Uniform the Law of Partnership

Synopsis

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

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Présentation de l'éditeur

States in important particulars and of each State to some extent, he preferred to draw an A ct which would state the law, not as nearly as might be to our present case law, but as he thoilght the law ought to be. He, of course, recognized that most of our case law, as the English case law and the English A ct, proceeds on the aggregate theory of partnership. But he believed that the law of partnership would never be in a satisfactory condition until the entity: or legal person theory was adopted. Accordingly he sought and obtained your permission to submit the draft of an A ct drawn on that theory. In preparing his first draft he used as the basis of his work the English A ct which, as stated, is drawn on the aggregate theory of partnership, changing it here and there to make the sections conform to the entity theory. Continued study, however, convinced him that an A ct based on the aggregate theory and merely declaring existing case law, was not a proper declaration of the theory he had adopted. As a result in the last draft submitted by him many changes were introduced, each tending to make the draft logical throughout, and consistent with the theory of the nature of a partnership which he had adopted. The study which has resulted in the production of the present pamphlet was undertaken with a view of assisting in the solution of the problems presented by the attempt to draft a Uniform Partnership A ct. Our first endeavor was to reach the end towards which Mr. A mes was consistently working; namely, the production of a logically consistent A ct drawn on the entity theory. A preliminary examination was made of the last draft submitted by Mr. A mes, hereafter called draft A. T his draft is reprinted for convenience of reference on page 83 infra. When in this pamphlet it is intended to refer to a section of this draft the letter A is placed after the number o
(Typographical errors above are due to OCR software and don't occur in the book.)

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