Summary

A sufficient regulation of the relations between partners in a partnership only started with the adoption of the Commercial Code. The provisions regulating the relations between partners are based on the principle that partners must be treated equally in equal circumstances. However, this principle should not be treated as absolute but should be examined in the context of law and the partnership agreement. For example, a partner’s duty to make a contribution applies pursuant to law to all partners but the amount of contributions need not be equal and the contributions need not be made concurrently.
Another essential principle is contractual freedom and its limits in the relations between partners. In such case, the principle that a different agreement between persons is permitted if such possibility is directly prescribed by law should be taken as the basis. The author finds that this principle should also be provided for in the Commercial Code.