Disputes Among Partners: Problems in Rebutting the Presumptions of the U.P.A. and the U.L.P.A. and Modifying a Partnership Agreement

The Uniform Partnership Act (U.P.A.) and the Uniform Limited Partnership Acts (U.L.P.A.) contain many presumptions on the mutual rights and duties of partners. These presumptions create many problems regarding the formation and modification of partnership agreements. This article concerns some of the problems. Section I discusses the issue of whose consent is necessary to rebut a presumption or modify a partnership agreement. Section II discusses the issue of what evidence is sufficient to rebut a presumption or modify a partnership agreement