Partnership Entity and Tenancy in Partnership: The Struggle for a Definition

Drake, Joseph H.

Journal: Michigan Law Review

First Page: 609

Year: 1917

Bluebook Citation: MICH. L. REV. 609

Author: Joseph H. Drake: all 84 publications


Abstract

PARTNERSHIP is a legal entity formed by the association of two or more persons. This definition of a partnership as a person or entity represents what may be characterized as a generally accepted theory among American jurists at the time of its publication in 1893. But a later definition says: "A partnership is an association of two more persons." "A partner is co-owner with his partners of specific partnership property holding as a tenant in partnership." The second definition shows that the Commissioners on Uniform State Laws have rejected the entity theory and coined a new term to describe partnership holding.

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