CHAPTER 2: Section 2
PROPERTY RIGHTS OF A PARTNER
1. Property rights of a partner?
Art. 1810:
“The property rights of a partner are:”
 Rights in specific Partnership Property
 Interest in the partnership
 Right to participate in the management
2. Relationship exists between and among partners?
ART. 1811:
Co-ownership with other partners of specific
partnership property.
3. Incidents of Co-ownership
 Has an equal right with others to possess SPP
for partnership as subject to the provision of the
title and agreement between partners.
o BUT HAS NO RIGHT TO POSSESS
SUCH PROPERTY FOR ANY OTHER
PURPOSE WITHOUT CONSENT.
 Right is not assignable except in connection
with the assignment of rights of all partners in
the same property.
 Not subject to attachment or execution, except
on claim against the partnership. When property
is attached for a partnership debt, partners or any
of them cannot claim any right under the
homestead or exemption laws.
 Not subject to legal support under article 291
4. Nature of partner’s interest in the partnership
Art. 1812:
“His share of the surplus and profit.”
5-6. Can a partner assign his whole interest in the
partnership to another without the consent of other
partners?
Yes. Cannot become a partner
7. Will the conveyance of a partner of his whole
interest in the partnership dissolve the partnership?
Art. 1813:
“Does not of 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 management, or to require any information
or account of partnership transactions or to inspect
books.
Effect of Conveyance by partner of his whole interest
in the partnership:
1. If a partner conveys (assign, sell, donate) his
whole interest, it may still subsist (as general
rule) or may be dissolved (this is an exception,
for example if the remaining partners do not
want to continue the business).
2. The assignee:
 Cannot interfere in the management
 Cannot require information or
accounting transactions
 Cannot inspect partnership book.
10. Is a partner’s interest in the partnership subject
to attachment or execution of his personal debts?
Art 1814:
The interest charged may be redeemed at any time
before foreclosure, or in case of sale being directed by
the court, may be purchased without thereby causing a
dissolution:
1. With separate property, by any one of the
partners or more; or
2. With partnership property, by any one or more
with the consent of all the partners whose
interests are not so charged or sold.
11. May the interest so charged be redeemed and
with what property shall it be redeemed?
Charging order upon a partner’s interest in the
partnership refers to the remedy available to a
judgment creditor of a debtor-partner to charge the
interest of the latter in the partnership by means of a
court order for the purpose of satisfying the amount
of the judgment.
Redemption of interest charged:
 Before Foreclosure
-the interest charged may be redeemed at any
time before foreclosure.
 After Foreclosure
-it may still be purchased without thereby
causing a dissolution:
o With separate property
o With partnership property with the
consent whose interest are not so
charged or sold.
12. What other right may a partner whose interest
has been so charged avail of?
 Shall not be deprived of his right under the
exemption laws as regards to his interest in the
partnership.
 CHAPTER 2: Section 2
PROPERTY RIGHTS OF A PARTNER
 Cannot avail himself of the exemption laws
insofar as his right in specific partnership
property is concerned.