The source of expression together and separately and in mutual guarantee
- Buying an apartment in Israel
- Contract Structure
The source of this expression is in the Law of Contracts and in the Law of Partnerships which sees each and every one of the same parties as part of the whole, and thus states: “Two who owe one charge, they owe together and separately.”
And: “Two who are liable jointly and separately, the creditor may demand the fulfillment of all or part of the debt from both of them or from each of them separately, provided that he does not charge more than he is entitled to.”
Section 14 of the Partnerships Ordinance [New Version], – 1975, deals with the power of a partner to charge the partnership: “Each partner is an affiliate of the partnership and of its other partners in all matters of the partnership business; He is not authorized to act on behalf of the partnership in the same business and the person with whom he negotiated knows that the partner is not authorized to do so, or does not know, or does not believe, that he is a partner.
