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This Concept Map, created with IHMC CmapTools, has information related to: 04 3 Societas, Ex voluntate: change in will of parties where can decide to end together or unilaterally but Must be a bona fide decision and not to others' detriment, Some contributed knowledge and some property & one party may take more risks so equal distribution not always fair where If no agreement, then equal distribution of P&L, Intention to form a partnership is required: affectio societas where Have to undertake to reciprocally bind themselves and not enough to be co- owners of property, Remedies of Delictual actions like actio furti if partnership assets were hidden or stolen, Could be for holiday in Italy where not a profit, but spending less money thus material benefit and Origin was societas ercto non cito, SOCIETAS (PARTNERSHIP) where Consensus required, Initially, had to be equal, but Romans soon realised that contributions of partners were not necessarily equal but Some contributed knowledge and some property & one party may take more risks so equal distribution not always fair, Have to show the care you'd normally show towards your own property thus If person negligent with own things, cannot hold to a high standard, Expenses and profits will be shared between parties so initally only dolus as all that was prohibited was fraud (need intent for fraud) but 3) Duty of care is culpa levis in concreto, 3) Duty of care is culpa levis in concreto so Have to show the care you'd normally show towards your own property, 1) Contribution of each partner eg With property, partnership can use it or hold it in co-ownership and it doesn't always overlap, Termination by Ex personis: change of parties by death, insolvency or capitis deminutio (no legal capacity), SOCIETAS (PARTNERSHIP) with Duties of socii, Some contributed knowledge and some property & one party may take more risks so equal distribution not always fair where Can share only in profits bc party carries all risk or contributes more, 2) Account for profits and losses where Expenses and profits will be shared between parties so initally only dolus as all that was prohibited was fraud (need intent for fraud), In principle, partner could only act in own name so Third party could only sue that partner bc partnership not a legal person and privity of contract, Delictual actions like actio furti if partnership assets were hidden or stolen and Termination, Some contributed knowledge and some property & one party may take more risks so equal distribution not always fair where Any distribution is fine as long as it's in line w/ equity and fraternity, Have to undertake to reciprocally bind themselves and not enough to be co- owners of property and Everyone has to make a contribution, be it resources, goods or services, money or labour, skills or expertise, If person negligent with own things, cannot hold to a high standard but If damages due to negligence, then other partners don't share in those losses