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What does it imply?

..this implies that the properties brought by the spouses before the marriage and those acquired by either
spouse during the marriage, belongs to the community property and it is shared by both spouses as co-
owners with certain exceptions, such as those provided by law under the Civil Code (such as those
acquired by donation or gratuitous title or for the exclusive or personal use of either spouse) and if there
is any marriage settlement.

Is his partnership share exclusive or communal? (di ko sure to ah, try lang)

The share in the partnership is the exclusive property of the client because the right to the same
exclusively pertains to the partner as this was acquired before he entered into marriage as his and which
continues to exist during his lifetime although the income received from such right is co-owned by the
spouses by operation of law. The right in the share of the partner will cease upon the dissolution of the
partnership such as the termination of the partner by circumstances provided by law such as by
agreement, death, insolvency of the partnership etc. The exception is that unless it is lawfully assigned
under the Civil Code.

A law firm is a kind of particular partnership pertaining to an exercise of a profession or vocation.

Art. 1783. a particular partnership or one which has for its object determinate things, their use or fruits,
or a specific undertaking, or the exercise of a profession or vocation.

Insofar as a partner’s conveyance of the entirety of his interest in the partnership is concerned, Article
1813 of the Civil Code provides as follows:

Art. 1813. “A conveyance by a partner of his whole interest in the partnership does not itself dissolve the
partnership, or, as against the other partners in the absence of agreement, entitle the assignee, during
the continuance of the partnership, to interfere in the management or administration of the partnership
business or affairs, or to require any information or account of partnership transactions, or to inspect the
partnership books; but it merely entitles the assignee to receive in accordance with his contracts the
profits to which the assigning partners would otherwise be entitled. However, in case of fraud in the
management of the partnership, the assignee may avail himself of the usual remedies.”

“In the case of a dissolution of the partnership, the assignee is entitled to receive his assignors interest
and may require an account from the date only of the last account agreed to by all the partners.”

The transfer by a partner of his partnership interest does not make the assignee of such interest a partner
of the firm, nor entitle the assignee to interfere in the management of the partnership business or to
receive anything except the assignees profits. The assignment does not purport to transfer an interest in
the partnership, but only a future contingent right to a portion of the ultimate residue as the assignor may
become entitled to receive by virtue of his proportionate interest in the capital.

Under Art. 1813. A partner’s interest in the partnership includes his share in the profits.

How does he intend to transmit? To whom?

(by will, sa heirs, based sa computation, kayo bahala kung pano basta na search ko pwde I assign eh, (
meron lang kasi ako nadaanan na jurisprudence eh) *JOSEFINA P. REALUBIT vs. PROSENCIO D. JASO and
EDEN G. JASO G.R. No. 178782 September 21, 2011 (kaso tungkol to sa joint venture hindi professional
partnership) cguro I state na lang na kasama un sa mga stipulations sa testamentary disposition)

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