In case it should have been stipulated that none of the
managing partners shall act without the consent of the others, the concurrence of all shall be necessary for the validity of the acts, and the absence or disability of any one of them cannot be alleged, unless there is imminent danger of grave or irreparable injury to the partnership. (1694) • Partners stipulate that one cannot act without the consent of the other. Thus, there must always be concurrence between the two before any transactions may be entered into, the absence of the other’s consent shall not be used as an excuse.
• The only instance in which a partner may transact without
concurrence is when there is imminent danger of grave or irreparable damage to the partnership if he does not do so. However, the party involved must be able to prove so else he shall become liable for what he has done.