Theses de societate

XXXVIII.

Finally, a partnership is dissolved by action: when the cause of the partnership has been changed either by stipulation or by judgment.

XXXIX.

A special action descending from this contract is called the actio pro socio action for a partner, and it is granted to partners or their heirs reciprocally, so that what one partner ought to give or do for another in the name of the partnership may be performed.

XL.

This action is initiated not only when the partnership is finished but also while it is still continuing: if, specifically, for a certain reason it is not expedient for one to withdraw from the partnership yet, and meanwhile one of the partners refuses to contribute what has come to him from the common partnership.

XLI.

Into this action comes fraud, as it is diametrically opposed to good faith original: "bonae fidei", and fault. However, a partner is not bound for the slightest fault original: "levissimam", nor for losses that happen to the imprudent, that is, fatal accidents.

XLII.

What if he has taken such losses upon himself by agreement? He will be held liable.

XLIII.

The same interest original: "usurae" is paid if either a partner has converted common partnership money to his own use, or if he has committed delay in returning it.