But in the partnership of exchange each of them can make...
But in the partnership of exchange each of them can make transaction in such a manner that the partnership is not harmed. The partner who has been given the right of discretion over the capital, should act according to the agreement of partnership. For example, if it or will purchase the property form a particular place, he should act according to the agreement.
However, if no such agreement is made with him, he should conclude transactions in the usual manner, and carry on in such a way that no loss is suffered in the partnership.
If a partner who transacts business with the capital of the partnership, sells and purchases things contratly to the agreement made with him, or in the case of absence of any agreement concludes transactions in a manner which is not nor mal, the transaction made by him in both the cases will be correct and valid; but if such a transaction results in a loss, or a part of wealth is squandered, then the partner who has acted against the agreement or the usual norm, will be responsible for the loss.
If in a permission partnership one of the partners dies, or becomes insane, or unconscious, other partners cannot continue to exercise right of discretion over investment held in the partnership. And the same rule applies when one of them becomes feeble-minded, that is, spends his property without any consideration of Sharian, as well as custon.
Orders Regarding Compromise (Sulh) Compromise means that a person agrees to give to another person his own property or a part of the profit gained from it, or waives or forgoes a debt, or some right, and that other person also gives him in return, some property or profit from it, or waives his debt or right in consideration of it; and even if a person gives or another person his property to profit from it, or waives his debt or right without claiming any consideration, the compromise will be in order.
It is necessary that the person who gives his property to another person by way of compromise, should be adult and sane, and should have the intention of making compromise, and none should have compelled him to make the compromise, and he should not also be feeble-minded from whom his own wealth is made inaccessible, or a bankrupt who has no right to dispose of his property.
If a person wants to make a compromise with another person in respect of the debt which he owes, or in respect of his right, the compromise will be valid only if the opposite person agrees to it.