| |
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ARTICIPATION..........1
|
| Losses Article provides that p articipation in the profits of a partnership entails the | 164 |
| |
|
ARTICLE...............18
|
| Definition Contract of partnership is defined in the first paragraph of article : | 84 |
| Losses Article provides that participation in the profits of a partnership entails the | 164 |
| article C.C.Q., where a minimum level of organization is essential to find that an enterprise | 288 |
| of an enterprise is not necessary to form a partnership. Under article , an activity other than | 292 |
| is the expression used by the legislator in article . The partners do not transfer ownership | 570 |
| Open partnership The second paragraph of article provides that partners may agree | 582 |
| share the earnings and losses therefrom, as set out in article . Over time, however, the | 856 |
| article C.C.Q., a partnership may be created to carry on a single activity; the distinction | 874 |
| can be found in article , which declared shares in a partnership to be movables by | 930 |
| concluded that commercial partnerships had personality including article , which deemed | 966 |
| considerations that have just been set out, especially the decisive ones relating to article , | 994 |
| The judges also commented on the proposition that article supported the position that | 1022 |
| partnerships may sue and be sued. Given the clear and precise wording of article , it is | 1160 |
| Article C.C.Q. clearly shows that the laws under which legal persons are constituted must | 1214 |
| general partnerships are not legal persons under article C.C.Q. the legislator certainly | 1236 |
| and bind the partnership ( article C.C.Q.). | 1252 |
| Article C.C.Q. answers this question: | 1272 |
| article . | 1810 |
| |
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ARTICLES..............7
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| which the legal rules are set out in articles et seq. | 82 |
| articles et seq. C.C.L.C.. At that time, this term was used to designate what is now | 920 |
| legal personality to corporations alone ( articles et seq.)) and the judge-made reality or | 956 |
| was purposeless, since most of the articles relied on to support the position that commercial | 968 |
| I cannot persuade myself that, in the articles of the Civil Code of Lower Canada where the | 1004 |
| Basis Articles and are the key provisions behind this new concept: | 1284 |
| The suppletive law is found only in Chapter One, that is, articles to (art. , | 1808 |
| |
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ARTIFICE..............1
|
| partnerships of all artifice and substitute a mechanism that better accounts for the coexistence of | 1486 |
| |
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ARTIFICIAL............3
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| rights and be subject to obligations under the aegis of an artificial person. This was therefore a | 944 |
| C.C.L.C., art. : Every corporation legally constituted is an artificial or ideal person, | 1736 |
| law. Art. : Every corporation legally constituted is an artificial or ideal person, whose | 1786 |
| |
|
ARTISTS...............1
|
| purpose. That was why a partnership among farmers, notaries or artists was generally a civil | 1772 |
| |
|
ARTS..................11
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| persons and corporations are expressly given that status ( arts . and ); | 1012 |
| C.C.Q., arts et seq. (Quebec); Partnerships Act, R.S.O. , c. P. (Ontario); | 1492 |
| C.C.Q., arts . et seq. | 1504 |
| Id., arts . , , and . | 1504 |
| Id., arts . et seq. | 1526 |
| C.C.Q., arts . -. | 1590 |
| Id., arts . -. | 1618 |
| Id., arts . -. | 1620 |
| C.C.L.C., arts . -. | 1642 |
| Id., arts . -. | 1814 |
| C.C.Q., arts . -. | 1892 |
| |
|
ASCERTAIN.............2
|
| cooperation. One must ascertain that each partner genuinely intends to cooperate in the | 372 |
| Canadian legal systems and ascertain whether the formation conditions differ from those | 780 |
| |
|
ASPECTS...............2
|
| different in many aspects to that imposed under the Civil Code. Whereas common law rules are | 638 |
| After reviewing the various aspects of the contractual enterprise in Collection de Droit - | 1252 |
| |
|
ASSERTING.............1
|
| nature. The parties will behave as partners without otherwise asserting their wills. They will not | 534 |
| |
|
ASSERTION.............1
|
| being legal persons. While such an assertion is difficult to conceive of in the civil law tradition, it | 1482 |
| |
|
ASSETS................17
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| assets ; partnership rights, on the other hand, which include the right to be informed of the | 104 |
| , first para. The share of each partner in the assets , profits and losses is equal if it is not | 160 |
| applies to the other components (losses and assets ). | 164 |
| its business relating to these activities and solicited offers for the assets or the shares of Leasing. | 214 |
| which would carry on the same activities as Leasing. The various assets of Leasing were to be | 220 |
| leasing assets in favour of Central, making the s. () election invalid. The Tax Court of | 226 |
| knowledge, skill or other assets to a common undertaking, a joint property interest in the | 278 |
| its assets were transferred to the Partnership on December , . There was no termination | 308 |
| the contribution of skill, knowledge or assets to a common undertaking, a joint property interest | 366 |
| The Court of Appeal held that the parties intended to conduct a sale of assets through a device | 388 |
| assets . The partnerships assets should normally be subject to all claims made against it. | 724 |
| assets. The partnerships assets should normally be subject to all claims made against it. | 724 |
| venture's assets , from which the participants receive their profits directly. Thus, while profits in a | 834 |
| partnership, entitle the partners to both the profits and the assets of the partnership. This | 1038 |
| transfer and hypothecate their shares in the partnership's assets and profits. | 1146 |
| Division of patrimony Some of a person's assets may be appropriated to a purpose and | 1300 |
| This explains the fact that the partners liability is unlimited vis-à-vis their personal assets | 1328 |
| |
|
ASSIGN................2
|
| In the letter, Air Canada acknowledges that Leasing intends to sell and assign its interest in | 312 |
| dissolution after the discharge of liabilities. This right, a partner may assign , but he cannot | 1352 |
| |
|
ASSIGNMENT............4
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| formality, the assignment of a partnership share is dependent upon the agreement of all the | 110 |
| the partnership. To be set up against third parties, the publication of the assignment has to be | 112 |
| Canada consented to the sale and assignment of the Purchase Agreements, the Aircraft and the | 314 |
| Leases from the Bank to Leasing and consented to the sale and assignment of the Purchase | 316 |
| |
|
ASSIGNMENTS...........1
|
| including correspondence with third parties, tax returns, financial statements and assignments of | 348 |
| |
|
ASSIMILATED...........1
|
| that partners are assimilated to undivided co-owners. It hardly needs to be pointed out that, | 1334 |
| |
|
ASSIST................1
|
| Finally, the contributor may well pledge to assist the partnership on a regular basis by putting his | 136 |
| |
|
ASSOCIATED............5
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| associated to it. It may be oral, and the partnership begins operating upon the formation of the | 80 |
| associated therewith: financial rights, on the one hand, that involve translation the right to | 100 |
| the inflexibility associated with being organized as a legal person. The other side of the coin, | 454 |
| benefits associated with being a general partnership (capacity to sue and be sued, separate | 466 |
| In Quebec, joint ventures have long been associated with contracts of partnership. | 854 |
| |
|
ASSOCIATION...........10
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| In both civil law and common law, a partnership is a contractual association of persons in which | 70 |
| Partnership vs. association The making of pecuniary profits is the Civil Code's criterion for | 148 |
| outcome would no doubt have limited the freedom of persons to form an association without | 154 |
| contract of partnership from other juridical acts, such as association and indivision. The | 172 |
| with a view to profit, but the relation between the members of a company or association that is | 204 |
| exists: an association of several persons created for a single purpose; a pooling of | 796 |
| even found that an unincorporated association had some of the attributes of legal | 976 |
| embryonic: the partnership could not sue or be sued except in association with its members, and | 1134 |
| son impact fiscal: fiducie et société de personnes, in Association de planification fiscale et | 1694 |
| ville de Quebec v. La Cie dimmeubles Allard Ltée (Canadian Bar Association , March , | 1872 |
| |
|
ASSOCIATIONS..........11
|
| distinguishing partnerships from associations . Likening the concept of savings to that of profits | 150 |
| effect of imposing the rules applicable to partnerships on a substantial number of associations , | 152 |
| distinguishing between partnerships and associations . | 384 |
| is one of the fundamental characteristics of such unions or associations . | 762 |
| why the American courts have tried to distinguish the two types of unions or associations . | 792 |
| were facilitated by the extreme flexibility of North American law on business associations . | 860 |
| commercial partnerships and unincorporated associations ). | 958 |
| Unincorporated associations Finally, in a unanimous decision, the Court of Appeal | 974 |
| G. SOUSI, Les associations (Paris: Dalloz, ), p. . | 1520 |
| Wilson Lafleur, ), p. ; M. FILION, Droit des associations , in Chambre des | 1802 |
| notaires, ed., Répertoire de droit, Associations Doctrine Document (Montreal: SOQUIJ, | 1802 |