2021 Georgia Code
Title 14 - Corporations, Partnerships, and Associations
Chapter 8 - Partnerships
§ 14-8-32. Dissolution of Partnership by Court Decree

1. On application by or for a partner the court shall decree a dissolution whenever:
   1. A partner has been declared mentally incapacitated in any judicial proceeding or is shown to be of unsound mind;
   2. A partner becomes in any other way incapable of performing his part of the partnership contract;
   3. A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business;
   4. A partner willfully or persistently commits a breach of the partnership agreement or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him;
   5. Other circumstances render a dissolution equitable.
2. On the application of the purchaser of a partner's interest under Code Section 14-8-27, the court shall decree a dissolution:
   1. After the termination of the specified term or particular undertaking;
   2. At any time if the partnership was a partnership at will when the interest was assigned.

(Code 1981, §14-8-32, enacted by Ga. L. 1984, p. 1439, § 1.)

- Pursuant to Code Section 28-9-5, in 1986, a misspelling in the word "willfully" in paragraph (a)(4) was corrected.

- For article, "2014 Georgia Corporation and Business Organization Case Law Developments," see 20 Ga. St. B. J. 26 (April 2015).

RESEARCH REFERENCES

Am. Jur. 2d.

- 59A Am. Jur. 2d, Partnership, § 507 et seq.

- 68 C.J.S., Partnership, § 420 et seq.

- Right of one partner to maintain action at law against the other for damages from wrongful dissolutions of firm, 4 A.L.R. 158.

Ex parte appointment of receiver for partnership, 169 A.L.R. 1127.

Appointment of receiver in proceedings arising out of dissolution of partnership or joint adventure, otherwise than by death of partner or at instance of creditor, 23 A.L.R.2d 583.

Venue of action for partnership dissolution, settlement, or accounting, 33 A.L.R.2d 914.

Inability of partnership to operate at profit as justification for court-ordered dissolution, 20 A.L.R.4th 122.