Dissolution of Partnership

If no term was fixed by agreement for the duration of a partnership, its continuance depended upon the continuing consent of the part- ners. In such case even an agreement that a partner could not withdraw was void. Any partner could work a dissolution of the partnership by notice of withdrawal to his copartners, provided, however, the withdrawal was in good faith and not for the purpose of defrauding the partners, or would not result in inconvenience or loss to the partnership. If the partnership was for a fixed term, a partner who withdrew before the expiration of the term divested himself of all rights in respect of the partnership, but remained liable for all its obligations socium a se, non se a socio liberat (Dig. 17, 2, 65, 6).

The death of a partner dissolved the partnership, even where there were several surviving partners, unless it was agreed otherwise. And when the partnership was formed for a particular purpose, it was terminated when that purpose was accomplished. So also, where the partnership was for a definite period it terminated with the expiration of that period. There were other modes of termination of less present interest. (As to partnership, see generally Gaius, 3, 148-154; Inst. III, 20; Hunter, 516-524; Sohm, 406.)

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Curators

By the Roman law a male became of age for all purposes upon reaching the age of puberty. Females, at least under the older law, never attained full legal capacity. Plainly, however, a law which gave to a boy of fourteen full power to manage his own affairs was unsafe for him, and modifications were introduced from time to time for his protection. By an early law of uncertain date passed for the relief of minors (le.r Plcetoria), they were permitted to apply to the prsetor for the appointment of a form of guardian known as a curator, who would be appointed on proof of the minor's incapacity to manage his own affairs. And in time it became the rule for magistrates to appoint a curator upon the minor's application. But a minor above the age of puberty could not be compelled to have a curator, except when, on being sued, he neglected or refused to apply for a curator, in which case a curator would be appointed on petition of the plaintiff to defend the suit. The du
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The Several Kinds of Tutors

(1) Testamentary Tutors. These were appointed by the will of the deceased paterfamilias of the pupil. This mode of appointment was authorized by the Twelve Tables. ( 2) Statutory Tutors. These succeeded to the tutela by virtue of the provisions of the Twelve Tables or of some other Statute, but only if there were no testamentary tutors. They were called legitimi tutor es. They were the agnates (by Justinian's legislation, the nearest of kin, whether agnates or cognates) who in case of the death of the pupil would succeed to his inheritance. They were appointed upon the principle that those who had the advantage of the inheritance ought to bear the burden of the tutela (ubi entolumentum successionis ibi et onus tutelcs). In this connection may be mentioned also the guardianship of the patron over his freedman, and of the father over his emancipated child. (3) In the absence of a testamentary or statutory tutor, power was ' given to certain magistrates to appoint
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Nexum

This was an ancient contract made by the ceremony of mancipation per aes et libram . Very little is known about it. Its application seems to have been very narrow, perhaps limited to the contract of loan. It was obsolete from a very early date.
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