Excerpt from Tentative Drafts of an Act to Make Uniform the Law of Partnership
He, of course, recognized that most of our case law, as the English case law and the English Act, 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 Act drawn on that theory. In preparing his first draft he used as the basis of his work the English Act 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 Act 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 Act. Our first endeavor was to reach the end towards which Mr. Ames was consistently working; namely, the production of a logically consistent Act drawn on the entity theory. A preliminary examination was made of the last draft submitted by Mr. Ames, hereafter called draft A. [This 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 of the section.] The result of this examination showed that Mr. Ames had not completely eliminated or changed all those sections which he had adopted from the English Act which expressed the aggregate rather than the entity theory of partnership.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. Это и многое другое вы найдете в книге Tentative Drafts of an Act to Make Uniform the Law of Partnership (Classic Reprint) (National Conference of Commissioner Law)