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Stipulation against liability.

A stipulation among the partners contrary to the pro rata and subsidiary liability expressly
imposed by Article 1816 is void and of no effect insofar as it affects the rights of third persons.
It is valid and enforceable only as among the partners.
EXAMPLE:
A, B, and C are partners in a business. Each of them contributed P10,000.00 each. They
stipulated that the liability of A shall not exceed his capital contribution.
Thus, if the partnership assets have been exhausted and there still remains an unpaid balance of
P9,000.00 in favor of creditor D, the latter can still recover P3,000.00 each from the partners as their
stipulation cannot adversely affect him.

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