III.

Problems

Explain or state briefly the rule or reason for your answers.

1. X, Y, Z are partners in a partnership which was dissolves by the withdrawal of X. Y who was
notifies by Z of X’s withdrawal, entered into new transaction with W in the name of the
partnership.
(a) Is the partnership liable to W?

DISSOLUTION AND WINDING UP

(b) Are X and Z liable to Y for their share of the liability?

2. Same partnership, X, acting for the partnership, bought a car from W which car was being
claimed by C. Y acquired knowledge of the claim of C. Neither W nor Y informed X of the
claim. C was able to recover the car. Is W liable to the partnership under Article 1821?
3. Same partnership. The term of existence of the partnership expired. This notwithstanding, X
enters into a contract with W in the name of the partnership.
(a) Is the partnership liable to W?
(b) What right, if any, is given to Y and Z?
4. Same partnership. The partnership was dissolved. Assume the following information:

Partnership assets – P320,000; Advances by X to partnership – P20,000; Capital contribution

of each partner – P30,000

Liability of partnership – to M – P150,000

Compute the share of each partner in the profits.

5. Same example. Suppose the liability of the partnership to W is P335,000; Y is indebted to C

(separate creditor) – P15,000; Z is indebted to D (separate creditor) – P10,000.

Separate property of Y and Z each amounts only to P20,000 and P10,000, respectively;
and advance by X to partnership – P30,000.

Settle the account of the parties.

-oOo-
 PARTNERSHIP

Liability in excess of the total contributions of the partner. Has W the right to go also
after the separate property X?

5. same partnership. Give the effect in case:

(a) Y dies

(b) X dies
III. Problems

Explain or state briefly the rule or reason for your answers.

1. X, a limited partner in a partnership with Y and Z as general partners, lawfully received the
return of his contribution in the amount of P20,000, the assets of the partnership are insufficient
to pay the firm’s indebtedness to W. state the liability of X if the claim of W arose:

(a) before X received his contribution

(b) after X received his contribution

2. Same partnership. X contributed property to the partnership. In case X is entitled to a return

of his contribution, has he the right to demand the return of the same property?

3. Same partnership W, a partnership creditor, brought an action against the partnership. May X
be included as a party defendant?

4. After X. Y, and Z executed and signed an articles of limited partnership, with X as limited
partner, they entered into a contract with W which contract created a partnership