Dissolution Article 1828. Article 1829 Article 1830. Causes of Dissolution Article 1833

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DISSOLUTION 3.

Qualifications to the rule:


a. Article 1833 – as to partners
Article 1828. b. Article 1834 – as to third persons
Article 1829
Article 1830. Causes of dissolution Article 1833.
1. Without violation of the partnership agreement 1. Act, insolvency, or death of a partner
a. By the termination of the definite term terminates authority of the other partner, if:
or particular undertaking specified in a. Act – with knowledge
the agreement b. Insolvency or Death – with
b. By the express will of any partner, knowledge OR notice
who must act in good faith, where no 2. A person has knowledge of a fact when not
definite term or particular undertaking only he has actual knowledge thereof, but also
is specified when he has knowledge of such other facts as
c. By the express will of all the partners in the circumstances show bad faith.
who have not assigned their interests 3. A person who has notice of a fact when he
or suffered them to be charged, before claims the benefit of the notice:
or after the termination of the specified a. States the fact to such person, OR
term or particular undertaking b. Delivers through mail or by other
d. By the expulsion of a partner bona means of communication, a written
fide in accordance with such a power statement of the fact to such person or
conferred by the agreement between to a proper person at his place or
the partners residence.
2. In contravention of the partnership agreement
a. When the circumstances do not allow
a dissolution under any provisions of
this article, by the express will of any
partner at any time
3. By operation of law
a. By any event which makes it unlawful
for the business to be carried on or for
the partners to carry it on in
partnership
b. By loss of a specific thing
c. By the death of any partner
d. By the insolvency of any partner or of
a partnership
e. By the civil interdiction of a partner
f. By decree of court under Article 1813
4. By court decree
a. Insanity
b. Incapacity
c. Guilty of conduct prejudicial to
partnership business
d. Willful or persistent breach of
partnership agreement

Article 1832. Termination of a partner’s authority


1. Upon dissolution, partnership ceases to be a
going concern and the partner’s power of
representation is confined only to:
a. Acts incident to winding up
b. Acts incident to completing
transactions begun but not then
finished
2. Thus dissolution terminates the actual
authority of a partner to undertake new
business for the partnership.

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