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ACTWEEK1

The document discusses key aspects of partnerships under Philippine law. It notes that partnerships must be bilateral, consensual agreements between partners. It also discusses that partners cannot be forced to enter partnerships against their will or take on obligations of the partnership unless they are shown to have used the partnership for fraudulent or illegal purposes. Finally, it indicates that forming a partnership is a privilege granted by the state, not an absolute right, and outlines some rules for determining whether a partnership exists.

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Jeson Malinao
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43 views

ACTWEEK1

The document discusses key aspects of partnerships under Philippine law. It notes that partnerships must be bilateral, consensual agreements between partners. It also discusses that partners cannot be forced to enter partnerships against their will or take on obligations of the partnership unless they are shown to have used the partnership for fraudulent or illegal purposes. Finally, it indicates that forming a partnership is a privilege granted by the state, not an absolute right, and outlines some rules for determining whether a partnership exists.

Uploaded by

Jeson Malinao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Let’s Check

1. Partnership
2. Bilateral
3. Consensual
4. Nominate
5. Principle of Delectus Personae
6. Juridical entity
7. Any monetary, any property or any industry
8. partnership
9. Privileged
10. Void

Let’s Analyze
1. Partners should not be forced, without agreement, to enter into a partnership with a third
party. The partnership entity is merely the arrangement to work in concert for benefit by the
individuals concerned. The partners remain at will together, and at any moment, any partner
will leave the partnership. Just as no one can be forced to be a friend of a person, no one can
be forced to be in a relationship with another individual.

2. The law under Art. 1768 merely states that despite failure of partnership to comply with the
Art. 1768 requirement, the separate juridical personality of partnership still stands.
The partners cannot be held liable for the obligations of the partnership unless it is shown that
the legal fiction of a different juridical personality is being used for fraudulent, unfair, or illegal
purposes.  Therefore, the partners can not be held primarily responsible for the partnership's
obligations.
3. To organize a partnership not an absolute right, it is but a privilege which may only be
enjoyed under such conditions as may be deemed necessary by the state to impose. Art.
1769. In determining wether a partnership exists, these rules shall apply: 1. Except as
provided by Article 1825, persons who are not partners as to each other are not partners as
to third persons and Co-ownership or co-possession does not of itself establish a partnership,
wether such co-ownership do not share any profits made by the use of the property.

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