Wednesday, November 05, 2008

No stupid questions...

... but sometimes, you wonder.

Corporate Law class.

The teacher is explaining the basic principles of the "société de personnes" (society/partnership). The 3 basic principles are:
1. an "apport" (contribution) from all partners
2. Division of profits/losses
3. Intention to form a society/partnership.

Thus, if you are not bringing some kind of contribution ("apport") you cannot be part of the society.

Which prompted this question:
"Suppose 3 people form a society to go on a picnic. (Cue class: WTF?) The first person brings the food, the second person brings the drinks, and the third person brings his brother. (Cue class: WTF #2) Is that considered an "apport" if the brother only eats?"

It's quite hard to describe the effect of such a question. On one side, the entire class is going What the Hell is she talking about? and yet you don't want to laugh in her face. There were some repressed chuckles, though. Points for the Prof for keeping his cool. I think I would've laughed.

I mean, yeah, we pretty much get what she was getting at. But, really, this is not exactly the best analogy. Who in their right mind would form a society for a picnic?

The prof handled it pretty well. First, it wasn't a society, because there was no commercial or any other kind of pecuniary interest involved. And evil teacher would've ended it there. But for the answer: no, you can't bring in a "contribution" that only generates spending.


There was also that question about confidentiality. All partners have an obligation of confidentiality regarding their customers' files, so they can't use the information for personal or other purposes.

The question: "What if the partner wants to get married to the customer, and looks for her address in the files?"

Um. Yeah. I'm not sure that the prospect of an amorous relationship is necessarily a mitigating factor in this case. The thought of it is quite disturbing.

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