Partnership law in the twenty-first century

Deards, E., 2001. Partnership law in the twenty-first century. Journal of Business Law, pp. 357-376. ISSN 0021-9460

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Discusses reforms to partnership law that have been proposed by the Law Commission and the Scottish Law Commission in their 'Partnership Law: a Joint Consultation Paper', and considers whether the reforms are necessary or not and what effect they are likely to have on the qualities of flexibility, informality and privacy that presently characterize general partnerships. Examines, therefore, proposed reforms in the following areas: the setting up of a partnership (particularly the proposal for a system of registration), the introduction of separate legal personality (and its effect on, inter alia, continuity, land and other property ownership contracts and the execution of deeds), and reforms affecting the relationships of partners (for example, the proposal to increase statutory duties owed to the partnership and partners). Provides the author's own recommendations for reform and concludes that, although most of the proposed reforms (notably the introduction of separate legal personality) are justifiable and should not have an adverse impact on flexibility, informality and privacy, other proposals, in particular registration and increased statutory duties, would have adverse effects on these qualities and should not be adopted.

Item Type: Journal article
Publication Title: Journal of Business Law
Creators: Deards, E.
Publisher: Sweet & Maxwell/Thomson Reuters
Date: 2001
ISSN: 0021-9460
Rights: Permission is for Nottingham Trent University’s Institutional Repository only. Any further use (including storage, transmission or reproduction by electronic means) shall be the subject of a separate application for permission.
Divisions: Schools > Nottingham Law School
Record created by: EPrints Services
Date Added: 09 Oct 2015 10:26
Last Modified: 09 Oct 2015 10:26

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