Three Problems (And Two Solutions) in the Law of Partnership Formation

Authors

Shawn Bayern, Florida State University College of Law

Abstract

This Article considers several foundational questions concerning the formation of general partnerships, a topic that has received little modern attention and that is governed largely by classical axioms rather than adaptive modern considerations. Its three main topics concern (1) the timing of partnership formation, (2) the aggregation of multiple distinct questions under the single heading of “partnership formation,” and (3) the rarely challenged proposition that general partners ought to be liable for partnership obligations, a doctrine that is surprisingly at odds with the rest of modern business-entity law.

Recommended Citation

Shawn Bayern, Three Problems (And Two Solutions) in the Law of Partnership Formation, 49 U. Mich. J. L. Reform 605 (2016).
Available at: https://repository.law.umich.edu/mjlr/vol49/iss3/2