After the dissolution of a partnership, a new promise by one partner shall revive or extend a partnership debt only as to the promisor and not as to his copartner or copartners.
§ 9-3-115.Effect of new promise by partner
Chapter 3. Limitations of Actions · Article 6. Revival · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-3-115 confines a former partner’s post-dissolution promise to revive a partnership debt to that partner alone, leaving the limitations protection of every other former partner who did not join in the promise untouched.
Full Text of § 9-3-115
Plain-English Summary
Before dissolution, one partner’s acts can typically bind the partnership as a whole. This section marks where that authority ends for reviving stale debts. Once a partnership has dissolved, a new promise by one former partner revives or extends a partnership debt only against that partner — not against the copartner or copartners who did not make the promise.
The dissolution matters because it is the dividing line between ordinary partnership authority and this narrower rule. Before dissolution, the general law of partnership agency governs; after it, this section steps in to prevent one former partner from unilaterally reviving a debt against the others without their say.
The effect mirrors the rule for joint contractors generally in O.C.G.A. § 9-3-114: reviving a debt is a personal act, and only the person who makes the new promise remains bound by it. A creditor who wants the revived debt to bind every former partner has to get a new promise from each one.
Frequently Asked Questions
After a partnership dissolves, does one partner’s new promise revive a partnership debt against all the former partners?
No. It revives or extends the debt “only as to the promisor and not as to his copartner or copartners.”
Does this rule apply before the partnership dissolves?
The section addresses new promises made “after the dissolution of a partnership.”
Who is bound when one former partner promises to pay a partnership debt?
Only the promisor — the partner who made the new promise.
Is this the same principle applied to joint contractors in O.C.G.A. § 9-3-114?
Yes. Both sections limit a revived debt’s effect to the person who made the new promise.
What must a creditor do to revive a partnership debt against every former partner?
Obtain a separate new promise from each former partner, since one partner’s promise binds only that partner.
Amendment History
Ga. L. 1855-56, p. 233, § 26; Code 1863, § 2878; Code 1868, § 2886; Code 1873, § 2937; Code 1882, § 2937; Civil Code 1895, § 3791; Civil Code 1910, § 4387; Code 1933, § 3-905.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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