Sie sind auf Seite 1von 16

TITLE IX

PARTNERSHIP

CHAPTER 1
General Provisions

Article 1767. By the __________ of partnership two or more persons __________ themselves to
__________ money, __________, or __________ to a __________ __________, with the intention
of __________ the __________ among themselves.

Two or more persons may also form a partnership for the __________ of a __________. (1665a)

Article 1768. The partnership has a __________ __________ separate and __________ from that
of each of the partners, even in case of __________ to __________ with the requirements of article
1772, first paragraph. (n)

Article 1769. In __________ whether a partnership exists, these __________ shall apply:

(1) Except as provided by article 1825, persons who are not partners as to __________
__________ are not partners as to __________ persons;

(2) __________ or __________ does not of __________ establish a partnership, whether


such-co-owners or co-possessors do or do not share any __________ made by the
__________ of the __________;

(3) The __________ of __________ __________ does not of itself establish a partnership,
whether or not the persons sharing them have a __________ or __________ right or
__________ in any __________ from which the returns are __________;

(4) The __________ by a person of a __________ of the __________ of a __________ is


__________ __________ evidence that he is a partner in the business, but no such
__________ shall be drawn if such profits were received in __________:

(a) As a __________ by __________ or otherwise;


(b) As __________ of an __________ or __________ to a __________;
(c) As an __________ to a __________ or __________ of a __________ partner;
(d) As __________ on a __________, though the __________ of payment
__________ with the profits of the business;
(e) As the __________ for the sale of a __________ of a business or other property
by installments or otherwise. (n)

Article 1770. A partnership must have a lawful __________ or __________, and must be
__________ for the common __________ or __________ of the partners.

When an __________ partnership is __________ by a __________ __________, the profits shall be


confiscated in favor of the __________, without __________ to the provisions of the Penal Code
governing the __________ of the __________ and __________ of a __________. (1666a)

Article 1771. A partnership may be __________ in any __________, except where __________
property or __________ rights are __________ thereto, in which case a __________ __________
shall be necessary. (1667a)

Article 1772. Every __________ of partnership having a __________ of __________ thousand


pesos or more, in __________ or __________, shall appear in a __________ __________, which
must be __________ in the Office of the __________ and __________ Commission.

__________ to comply with the __________ of the preceding paragraph shall not affect the
__________ of the partnership and the __________ thereof to __________ persons. (n)

Article 1773. A contract of partnership is __________, whenever __________ property is


__________ thereto, if an __________ of said property is not made, __________ by the parties, and
__________ to the public instrument. (1668a)

Article 1774. Any immovable property or an __________ therein may be __________ in the
partnership name. __________ so __________ can be __________ only in the partnership
__________. (n)

Article 1775. __________ and __________, whose __________ are kept __________ among the
members, and wherein any one of the __________ may __________ in his own name with third
persons, shall have no __________ personality, and shall be __________ by the provisions relating
to __________. (1669)
Article 1776. As to its __________, a partnership is either __________ or __________.

As regards the __________ of the partners, a partnership may be __________ or __________.


(1671a)

Article 1777. A __________ partnership may refer to __________ the present __________ or to all
the __________. (1672)

Article 1778. A __________ of all present property is that in which the partners __________ all the
property which __________ belongs to them to a __________ __________, with the __________ of
dividing the __________ among themselves, as well as all the __________ which they may
__________ therewith. (1673)

Article 1779. In a __________ partnership of all present property, the __________ which belonged
to each of the partners at the time of the __________ of the partnership, becomes the __________
__________ of all the partners, as well as all the profits which they may acquire __________.

A __________ for the common __________ of any other profits may also be made; but the
__________ which the partners may acquire __________ by __________, __________, or
__________ cannot be __________ in such stipulation, except the __________ thereof. (1674a)

Article 1780. A universal partnership of __________ __________ all that the partners may acquire
by their __________ or __________ during the __________ of the partnership.

__________ or immovable property which __________ of the partners may __________ at the time
of the __________ of the contract shall __________ to __________ __________ to each, only the
__________ passing to the partnership. (1675)

Article 1781. __________ of universal partnership, __________ into without __________ of its
__________, only __________ a universal partnership of __________. (1676)

Article 1782. Persons who are __________ from giving each other any __________ or __________
cannot enter into __________ partnership. (1677)

Article 1783. A __________ partnership has for its __________ __________ things, their
__________ or __________, or a specific __________, or the __________ of a __________ or
__________. (1678)

CHAPTER 2
Obligations of the Partners

SECTION 1
Obligations of the Partners Among Themselves

Article 1784. A partnership __________ from the __________ of the __________ of the
__________, unless it is otherwise __________. (1679)

Article 1785. When a partnership for a fixed __________ or particular __________ is __________
after the termination of such term or particular undertaking without any __________ __________,
the __________ and __________ of the partners remain the __________ as they were at such
__________, so far as is __________ with a partnership at __________.

A __________ of the __________ by the partners or such of them as __________ acted therein
during the term, without any __________ or __________ of the partnership __________, is prima
facie __________ of a __________ of the partnership. (n)

Article 1786. Every partner is a __________ of the partnership for __________ he may have
__________ to contribute thereto.

He shall also be bound for __________ in case of __________ with regard to __________ and
__________ things which he may have __________ to the partnership, in the same __________
and in the same __________ as the vendor is bound with respect to the __________. He shall also
be __________ for the __________ thereof from the time they should have been __________,
without the __________ of any __________. (1681a)

Article 1787. When the __________ or a __________ thereof which a partner is bound to
__________ consists of __________, their __________ must be made in the manner __________
in the contract of partnership, and in the __________ of __________, it shall be made by
__________ chosen by the partners, and according to __________ __________, the __________
__________ thereof being for __________ of the partnership. (n)
Article 1788. A partner who has __________ to contribute a __________ of money and
__________ to do so becomes a __________ for the __________ and __________ from the
__________ he should have __________ with his __________.

The same rule applies to any __________ he may have taken from the partnership __________,
and his __________ shall begin from the time he __________ the amount to his own __________.
(1682)

Article 1789. An __________ partner cannot __________ in business for himself, unless the
partnership __________ permits him to do so; and if he should do so, the __________ partners may
either __________ him from the __________ or __________ themselves of the __________ which
he may have __________ in __________ of this provision, with a right to __________ in either case.
(n)

Article 1790. Unless there is a stipulation to the contrary, the partners shall contribute __________
__________ to the __________ of the partnership. (n)

Article 1791. If there is no agreement to the contrary, in case of an __________ loss of the capital
of the partnership, any partner who __________ to contribute an __________ share to the
__________, except an __________ partner, to save the __________, shall he __________ to
__________ his interest to the __________ partners. (n)

Article 1792. If a partner __________ to __________ collects a __________ sum which was owed
to him in his own name, from a person who __________ the partnership another sum also
__________, the __________ thus __________ shall be __________ to the two __________ in
__________ to their __________, even though he may have given a __________ for his own credit
only; but should he have given it for the __________ of the partnership credit, the amount shall be
__________ __________ to the __________.

The provisions of this article are __________ to be without __________ to the right granted to the
other __________ by article 1252, but only if the __________ __________ of the partner should be
more __________ to him. (1684)

Article 1793. A partner who has __________, in __________ or in __________, his __________ of
a partnership credit, when the other partners have not __________ theirs, shall be obliged, if the
debtor should __________ become __________, to bring to the partnership __________ what he
received even though he may have given __________ for his __________ only. (1685a)

Article 1794. Every partner is __________ to the partnership for __________ __________ by it
through his __________, and he cannot __________ them with the __________ and __________
which he may have __________ for the partnership by his __________. However, the courts may
__________ __________ this __________ if through the partner's __________ efforts in other
__________ of the partnership, __________ profits have been __________. (1686a)

Article 1795. The __________ of __________ and __________ things, which are not __________,
__________ to the partnership so that only their __________ and __________ may be for the
__________ __________, shall be __________ by the partner who owns them.

If the things contributed are __________, or cannot be __________ without __________, or if they
were __________ to be __________, the risk shall be borne by the partnership. In the __________
of stipulation, the __________ of the things __________ and __________ in the __________, shall
also be __________ by the partnership, and in such case the __________ shall be __________ to
the __________ at which they were __________. (1687)

Article 1796. The partnership shall be __________ to every partner for the __________ he may
have __________ on behalf of the partnership and for the __________ __________, from the time
the __________ are made; it shall also __________ to each partner for the obligations he may have
__________ in __________ __________ in the interest of the partnership business, and for
__________ in __________ of its __________. (1688a)

Article 1797. The __________ and __________ shall be __________ in __________ with the
__________. If only the __________ of each partner in the __________ has been agreed upon, the
share of each in the __________ shall be in the same __________.

In the __________ of __________, the share of each partner in the profits and losses shall be in
__________ to what he may have __________, but the __________ partner shall not be liable for
the __________. As for the __________, the industrial partner shall receive __________ share as
may be __________ and __________ under the __________. If besides his __________ he has
contributed __________, he shall also receive a __________ in the __________ in proportion to his
__________. (1689a)
Article 1798. If the partners have agreed to __________ to a third person the __________ of the
share of each one in the profits and losses, such __________ may be __________ only when it is
__________ __________. In no case may a partner who has begun to __________ the decision of
the third person, or who has not __________ the __________ within a period of __________
__________ from the time he had __________ thereof, __________ of such __________.

The __________ of losses and profits cannot be __________ to one of the partners. (1690)

Article 1799. A stipulation which __________ one or more partners from __________ share in the
profits or losses is __________. (1691)

Article 1800. The partner who has been __________ __________ in the __________ of partnership
may __________ all acts of __________ despite the __________ of his partners, unless he should
act in __________ faith; and his power is __________ without __________ or __________ cause.
The __________ of the partners __________ the __________ __________ shall be __________ for
such __________ of __________.

A power granted __________ the partnership has been __________ may be __________ at any
time. (1692a)

Article 1801. If two or more partners have been __________ with the __________ of the
partnership without __________ of their __________ __________, or without a __________ that
one of them shall not act without the __________ of all the others, each one may __________
__________ all acts of __________, but if any of them should __________ the acts of the others,
the decision of the __________ shall __________. In case of a __________, the matter shall be
decided by the partners __________ the __________ interest. (1693a)

Article 1802. In case it should have been __________ that __________ of the __________ partners
shall act without the __________ of the others, the __________ of all shall be necessary for the
__________ of the acts, and the __________ or __________ of any one of them cannot be
__________, unless there is __________ danger of __________ or __________ injury to the
partnership. (1694)

Article 1803. When the __________ of __________ has not been agreed upon, the following rules
shall be __________:
(1) All the partners shall be considered __________ and whatever any one of them may do
__________ shall bind the partnership, without __________ to the provisions of article 1801.

(2) __________ of the partners may, without the __________ of the others, make any
important __________ in the __________ property of the partnership, even if it may be
__________ to the partnership. But if the __________ of __________ by the other partners
is __________ __________ to the interest of the partnership, the __________ __________
may be sought. (1695a)

Article 1804. Every partner may __________ another person with him in his share, but the
__________ shall not be __________ into the partnership without the __________ of all the other
partners, even if the partner having an associate should be a __________. (1696)

Article 1805. The partnership __________ shall be __________, subject to any agreement between
the partners, at the __________ place of __________ of the partnership, and every partner shall at
any __________ __________ have __________ to and may __________ and __________ any of
them. (n)

Article 1806. Partners shall __________ on demand __________ and __________ information of
all __________ affecting the partnership to any __________ or the __________ __________ of any
__________ partner or of any partner under __________ __________. (n)

Article 1807. Every partner must __________ to the partnership for any __________, and hold as
__________ for it any profits __________ by him without the __________ of the other partners from
any __________ connected with the __________, __________, or __________ of the partnership or
from any __________ by him of its property. (n)

Article 1808. The __________ partners cannot engage for their own __________ in any
__________ which is of the kind of __________ in which the partnership is __________, unless
there is a stipulation to the contrary.

Any capitalist partner __________ this prohibition shall bring to the __________ __________ any
profits __________ to him from his __________, and shall __________ __________ all the
__________. (n)
Article 1809. Any partner shall have the right to a __________ __________ as to partnership
__________:

(1) If he is __________ __________ from the partnership __________ or __________ of its


property by his __________;

(2) If the right __________ under the __________ of any __________;

(3) As provided by article __________;

(4) Whenever other __________ render it __________ and __________. (n)

SECTION 2
Property Rights of a Partner

Article 1810. The __________ rights of a partner are:

(1) His rights in __________ partnership property;

(2) His __________ in the partnership; and

(3) His right to __________ in the __________. (n)

Article 1811. A partner is __________ with his partners of specific partnership property.

The __________ of this co-ownership are such that:

(1) A partner, subject to the provisions of this Title and to any __________ between the
partners, has an __________ right with his partners to __________ specific partnership
property for __________ purposes; but he has no right to possess such property for any
other purpose without the __________ of his partners;

(2) A partner's right in specific partnership property is not __________ except in __________
with the __________ of __________ of all the partners in the __________ property;
(3) A partner's __________ in specific partnership property is not subject to __________ or
__________, except on a __________ against the partnership. When partnership property is
attached for a partnership __________ the partners, or any of them, or the __________ of a
__________ partner, cannot claim any right under the __________ or __________ laws;

(4) A partner's right in specific partnership property is not subject to __________


__________ under article 291. (n)

Article 1812. A partner's __________ in the partnership is his __________ of the __________ and
__________. (n)

Article 1813. A __________ by a partner of his __________ interest in the partnership does not of
itself __________ the partnership, or, as against the other partners in the __________ of
agreement, __________ the __________, during the __________ of the partnership, to __________
in the __________ or __________ of the partnership __________ or __________, or to require any
__________ or __________ of partnership __________, or to __________ the partnership
__________; but it __________ entitles the __________ to receive in accordance with his
__________ the __________ to which the __________ partner would __________ be entitled.
However, in case of __________ in the __________ of the partnership, the assignee may
__________ himself of the __________ __________.

In case of a __________ of the partnership, the __________ is entitled to receive his __________
__________ and may require an __________ from the __________ only of the last __________
agreed to by all the partners. (n)

Article 1814. Without prejudice to the __________ rights of partnership __________ under article
1827, on due __________ to a __________ __________ by any __________ creditor of a partner,
the court which __________ the judgment, or any other court, may charge the __________ of the
debtor partner with __________ of the __________ amount of such judgment debt with interest
__________; and may then or later appoint a __________ of his share of the profits, and of any
other __________ due or to fall due to him in respect of the partnership, and make all other
__________, __________, __________ and __________ which the debtor partner might have
made, or which the __________ of the case may require.
The interest charged may be __________ at any time before __________, or in case of a
__________ being __________ by the court, may be __________ without thereby causing a
__________:

(1) With __________ property, by any one or more of the partners; or

(2) With __________ property, by any one or more of the partners with the __________ of all
the partners whose __________ are not so __________ or __________.

Nothing in this Title shall be __________ to __________ a partner of his __________, if any, under
the __________ laws, as regards his __________ in the partnership. (n)

SECTION 3
Obligations of the Partners with Regard to Third Persons

Article 1815. Every partnership shall __________ under a __________ __________, which may or
may not __________ the name of one or more of the partners.

Those who, not being __________ of the partnership, include their __________ in the firm name,
shall be __________ to the __________ of a __________. (n)

Article 1816. All partners, including __________ ones, shall be liable __________ with all their
property and after all the partnership __________ have been __________, for the contracts which
may be entered into in the name and for the __________ of the partnership, under its __________
and by a person __________ to __________ for the partnership. However, any partner may enter
into a __________ __________ to perform a __________ contract. (n)

Article 1817. Any stipulation __________ the __________ laid down in the __________ article shall
be __________, except as __________ the partners. (n)

Article 1818. Every partner is an __________ of the partnership for the __________ of its
__________, and the __________ of every partner, including the __________ in the partnership
name of any __________, for __________ carrying on in the __________ way the business of the
partnership of which he is a member __________ the partnership, unless the partner so acting has
in __________ no authority to act for the partnership in the __________ __________, and the
person with whom he is __________ has __________ of the __________ that he has no such
authority.

An __________ of a partner which is not __________ for the carrying on of business of the
partnership in the usual way does not bind the partnership unless __________ by the other partners.

Except when __________ by the other partners or unless they have __________ the business, one
or more but less than all the partners have no authority to:

(1) __________ the partnership property in __________ for __________ or on the


assignee's __________ to pay the __________ of the partnership;

(2) __________ of the __________ of the business;

(3) Do any other __________ which would make it __________ to carry on the __________
business of a partnership;

(4) __________ a __________;

(5) Enter into a __________ concerning a partnership __________ or __________;

(6) __________ a partnership claim or liability to __________;

(7) __________ a __________ of the partnership.

No act of a partner in __________ of a __________ on authority shall bind the partnership to


persons having __________ of the restriction. (n)

Article 1819. Where __________ to real property is in the __________ name, any partner may
__________ title to such property by a __________ __________ in the partnership name; but the
partnership may __________ such property unless the partner's __________ binds the partnership
under the provisions of the first paragraph of article 1818, or unless such property has been
conveyed by the __________ or a person __________ through such grantee to a __________ for
__________ without __________ that the partner, in making the __________, has __________ his
authority.
Where title to __________ property is in the name of the partnership, a conveyance __________ by
a partner, in his own name, passes the __________ __________ of the partnership, provided the
act is one within the __________ of the partner under the provisions of the first paragraph of article
1818.

Where title to real property is in the name of __________ or __________ but not all the partners,
and the __________ does not __________ the __________ of the partnership, the partners in
whose name the title __________ may convey title to such property, but the partnership may
__________ such property if the partners' act does not bind the partnership under the provisions of
the first paragraph of article 1818, unless the __________ or his __________, is a holder for
__________, without __________.

Where the title to real property is in the name of one or more or __________ the partners, or in a
__________ person in __________ for the partnership, a __________ executed by a partner in the
partnership name, or in his own name, __________ the equitable interest of the __________,
provided the act is one within the authority of the partner under the provisions of the first paragraph
of article 1818.

Where the title to real property is in the name of all the partners a conveyance executed by all the
partners passes all their rights in such property. (n)

Article 1820. An __________ or __________ made by any partner __________ partnership


__________ within the __________ of his authority in accordance with this Title is __________
against the partnership. (n)

Article 1821. __________ to any partner of any __________ relating to partnership affairs, and the
__________ of the partner acting in the particular __________, __________ while a partner or then
__________ to his __________, and the knowledge of any other partner who __________ could
and __________ have __________ it to the __________ partner, __________ as notice to or
__________ of the __________, except in the case of __________ on the partnership, committed
by or with the __________ of that partner. (n)

Article 1822. Where, by any wrongful __________ or omission of any partner acting in the
__________ __________ of the business of the partnership or with the __________ of his co-
partners, __________ or __________ is caused to any person, not being a __________ in the
partnership, or any __________ is __________, the partnership is liable __________ to the same
__________ as the partner so acting or __________ to act. (n)

Article 1823. The partnership is __________ to make __________ the loss:

(1) Where one partner acting within the scope of his __________ __________ receives
__________ or __________ of a third person and __________ it; and

(2) Where the partnership in the __________ of its __________ receives money or property
of a third person and the money or property so received is __________ by any partner while
it is in the __________ of the partnership. (n)

Article 1824. All partners are liable __________ with the partnership for everything __________ to
the partnership under articles 1822 and 1823. (n)

Article 1825. When a person, by words __________ or __________ or by __________, represents


himself, or __________ to another representing him to anyone, as a partner in an __________
partnership or with one or more persons not __________ partners, he is liable to any such persons
to whom such __________ has been made, who has, on the __________ of such representation,
given __________ to the __________ or __________ partnership, and if he has made such
representation or __________ to its being made in a __________ __________ he is liable to such
person, whether the representation has or has not been __________ or __________ to such person
so giving __________ by or with the __________ of the __________ partner making the
representation or consenting to its being made:

(1) When a partnership __________ results, he is liable as though he were an __________


member of the partnership;

(2) When __________ partnership liability results, he is liable __________ with the other
persons, if any, so __________ to the contract or __________ as to incur __________,
otherwise __________.

When a person has been thus __________ to be a partner in an existing partnership, or with one or
more persons not actual partners, he is an __________ of the persons consenting to such
representation to bind them to the same __________ and in the same __________ as though he
were a partner in __________, with respect to persons who __________ upon the __________.
When __________ the members of the existing partnership __________ to the __________, a
partnership __________ or __________ results; but in all other cases it is the __________ act or
obligation of the person __________ and the persons __________ to the representation. (n)

Article 1826. A person __________ as a partner into an existing partnership is liable for all the
__________ of the partnership arising __________ his admission as though he had been a partner
when such obligations were __________, except that this __________ shall be __________ only
out of partnership __________, unless there is a stipulation to the contrary. (n)

Article 1827. The __________ of the partnership shall be __________ to those of each partner as
regards the partnership property. Without prejudice to this right, the __________ creditors of each
partner may ask the __________ and __________ __________ of the __________ of the latter in
the partnership __________. (n)

CHAPTER 3
Dissolution and Winding Up

Article 1828. The __________ of a partnership is the __________ in the __________ of the
partners caused by any partner __________ to be __________ in the __________ on as
__________ from the winding up of the business. (n)

Article 1829. On dissolution the partnership is not __________, but __________ until the
__________ up of partnership __________ is __________. (n)

Article 1830. Dissolution is __________:

(1) Without __________ of the __________ between the partners:

(a) By the __________ of the definite __________ or particular __________


specified in the agreement;

(b) By the __________ __________ of any partner, who must act in __________
__________, when no definite term or particular undertaking is specified;
(c) By the express will of all the partners who have not __________ their
__________ or __________ them to be __________ for their separate __________,
either before or after the __________ of any __________ term or particular
undertaking;

(d) By the __________ of any partner from the business __________ in accordance
with such a power __________ by the agreement between the partners;

(2) In __________ of the agreement between the partners, where the __________ do not
__________ a dissolution under any other provision of this article, by the express
__________ of any partner at any time;

(3) By any __________ which makes it __________ for the business of the partnership to be
carried on or for the __________ to carry it on in __________;

(4) When a __________ thing which a partner had __________ to __________ to the
partnership, __________ before the delivery; in any case by the __________ of the thing,
when the partner who contributed it having __________ the __________ thereof, has only
__________ to the partnership the __________ or __________ of the same; but the
partnership shall not be __________ by the __________ of the thing when it __________
after the partnership has __________ the __________ thereof;

(5) By the __________ of any partner;

(6) By the __________ of any partner or of the partnership;

(7) By the __________ __________ of any partner;

(8) By __________ of __________ under the following article. (1700a and 1701a)

Das könnte Ihnen auch gefallen