MRL2601 Assignment 1
(COMPLETE ANSWERS)
Semester 1 2025 – DUE March
2025
, QUESTION 1
1.1.
There are two specific actions with which a partner can enforce his or her rights as a partner
against any of his or her co-partners: the actio pro socio and the actio communi dividundo: The
actio pro socio is a general multipurpose partnership action with which partners can enforce
their mutual rights. It can be used, for example, to enforce compliance with the partnership
agreement, to request an interdict against a partner, to obtain the return of a partnership asset,
etc.
The actio communi dividundo is an action with which co-owners effect physical division of
tangible things which they hold in joint ownership. After dissolution of the partnership, a partner
can bring this action to obtain physical division of jointly owned partnership assets. In this
scenario, Susan can use the actio communi dividundo.
Refer to study unit 15 sub-unit 8 in the study guide.
1.2.
• Effluxion of the term of the partnership
• The end of the undertaking (completion of the partnership business)
• Mutual agreement
• A change in membership (which can occur because of the death or retirement of a
partner or the admission of a new partner)
• The death of a partner
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(COMPLETE ANSWERS)
Semester 1 2025 – DUE March
2025
, QUESTION 1
1.1.
There are two specific actions with which a partner can enforce his or her rights as a partner
against any of his or her co-partners: the actio pro socio and the actio communi dividundo: The
actio pro socio is a general multipurpose partnership action with which partners can enforce
their mutual rights. It can be used, for example, to enforce compliance with the partnership
agreement, to request an interdict against a partner, to obtain the return of a partnership asset,
etc.
The actio communi dividundo is an action with which co-owners effect physical division of
tangible things which they hold in joint ownership. After dissolution of the partnership, a partner
can bring this action to obtain physical division of jointly owned partnership assets. In this
scenario, Susan can use the actio communi dividundo.
Refer to study unit 15 sub-unit 8 in the study guide.
1.2.
• Effluxion of the term of the partnership
• The end of the undertaking (completion of the partnership business)
• Mutual agreement
• A change in membership (which can occur because of the death or retirement of a
partner or the admission of a new partner)
• The death of a partner
FILE:///C:/USERS/USER/DOWNLOADS/MRL2601%20ASSIGNMENT%201%20 | file:///C:/Users/user/Downlo
ads/MRL2601%20Assignment%201%20
