Distinguish between 'Co-ownership' and 'Partnership'.

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2024
Distinguish between 'Co-ownership' and 'Partnership'.

Answer & Explanation:

There is a possibility that two co-owners may employ their property in a business and share the profits, and still be not partners. Distinctions between the two are as follows- Co- ownership is not always the result of an agreement: it may arise by the operation of law or from status, e.g., co-heirs of a property. Partnership must arise from an agreement. A partner is the agent of the other partners, but a co-owner is not the agent of the other co-owner(s). Co-ownership does not necessarily involve community of profits and loss, partnership does. A co-owner can without the consent of the others transfer his rights and interests to strangers, a partner cannot do so without the consent of all the other partners so as to make the transferee a partner in the firm. A co-owner can ask for division of property in specie, but no partner can ask for this. His only right is to have a share of the profits out of the properties. Partnerships end at death or insolvency; co-ownerships end at death. A co-owner has no lien on the property while a partner has a lien on the firm property.

Topics: Commercial Laws

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