MRL2601 ASSIGNMENT 1 FIRST SEMESTER 2022
QUESTION 1
Universal partnerships differ from other types of partnerships in their ambit – they are not
restricted to a particular transaction or a specific business. Two types of universal partnerships
can be distinguished: the societas universorum bonorum and the societas universorum quae ex
quastu veniunt.
1
, The societas universorum bonorum is a partnership of all property that will generally take
place within the context of marriage. The societas universorum quae ex quastu veniunt is a
partnership of all profit which occurs within the context of commercial undertakings. A
partnership can be established in respect of a specific project. In Bester v Van Niekerk, it was
held that, if persons who are not partners in other business, share the profits and loss of one
particular transaction, they become partners as to that transaction, but not as to anything else.
This is known as a particular partnership.
2
QUESTION 1
Universal partnerships differ from other types of partnerships in their ambit – they are not
restricted to a particular transaction or a specific business. Two types of universal partnerships
can be distinguished: the societas universorum bonorum and the societas universorum quae ex
quastu veniunt.
1
, The societas universorum bonorum is a partnership of all property that will generally take
place within the context of marriage. The societas universorum quae ex quastu veniunt is a
partnership of all profit which occurs within the context of commercial undertakings. A
partnership can be established in respect of a specific project. In Bester v Van Niekerk, it was
held that, if persons who are not partners in other business, share the profits and loss of one
particular transaction, they become partners as to that transaction, but not as to anything else.
This is known as a particular partnership.
2
