Abstract

The article deals with two controversial issues relating to the interpretation of civil law partnership regulations: liability of new and former partners for the existing obligations of a civil law partnership. Contrary to the view represented by most academics and case law, it is strongly argued that new partners are ex lege liable for the existing obligations upon joining the partnership. Former partners (partners who left the partnership according to Art. 869 of the Civil Code) are regarded as exempt from liability upon terminating the partnership contract. At least they should not be liable towards other partners: if they had to pay off the partnership’s creditors, they would have the right of recourse towards partners who remained in the partnership.