Commentary

63 Change in partners

CHOSES IN ACTION vol 7
| Commentary

63 Change in partners

| Commentary

63 Change in partners

These questions become especially important in deciding the liability for partnership debts when there has been a change in the partners of the firm. The enactments relating to liabilities after a change1 are in full accord with the law of novation which requires that all parties to the old contract must be parties to the novation, so that while the partners can as between themselves substitute a new partnership for an old, they cannot substitute new debtors for old as against the creditors, without the concurrence of the creditors.

When there has been a change in the

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