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Course Outline - BO! As of Aug 17 PDF
Course Outline - BO! As of Aug 17 PDF
Course Outline - BO! As of Aug 17 PDF
This course is composed of Partnership, Agency and Trusts as they are intimately
and closely related to one another. Under this subject BO1, the students will be graded
according to the following: 33.33% recitation, 33.33% midterm exam grade and 33.33%
final exam grade. The cases are intended to supplement the textbook discussions and
students are expected to be always prepared to recite the same.
Week No. 1
I. PARTNERSHIP
Week No. 2
5. Different kinds of partnership
a) As to object (Art. 1777, 1778, 1780, 1783)
i. Universal Partnership
ii. Particular Partnership
b) As to liability of the partners
i. General Partnership
ii. Limited Partnership
Week No. 3
B. Obligations of the Partners (Art. 1784-1827)
1. Obligations of the partners among themselves (Art. 1784-1809)
a) Distribution of profits and losses of partnership
i. With agreement
ii. Without agreement
b) Principle of Delectus Personae (Art. 1804)
-Ortega, et al. v. CA, et al., 245 SCRA 529
-Tocao, et al. v. CA, 342 SCRA 20
-JG Summit Holdings v. CA, Sept. 24, 2003, G.R. No. 124293
c) Management of Partnership (Art. 1800-1803)
1
d) When partner can demand for a formal accounting of
partnership affairs (Art. 1807, 1809)
Week No. 4
2. Property rights of a partner (Art. 1810-1814)
a) Incidents of co-ownership (Art. 1811)
b) Partner’s interest in the partnership (Art. 1812)
c) Effect of conveyance of interest in the partnership to third
persons (Art. 1813)
d) Charging order upon partner’s interest (Art. 1814)
Week No. 7
Week No. 8
II. AGENCY
A. Historical Context
1. World Context
2. Philippine Context
-Laws 28 and 32, Title 12, Partida 3
-Spanish Civil Code (Civil Agency)
-Spanish Code of Commerce (Commercial Agency)
-Civil Code –Art. 2270 (2)
2
-Rallos vs. Felix Go Chan & Sons Realty Corp., 81 SCRA 251
c) Characteristics
d) Purpose
2. Agency as a relation
a) Fiduciary character
b) Representative character
Week No. 9
3. Agency distinguished from/ compared with other relations
a) Partnership (Art. 1767)
b) Lease of Work or Service (Art. 1644)
i. Nielson & Company, Inc. v. Lepanto Consolidated Mining
Company, 26 SCRA 540
ii. De la Cruz v. Northern Theatrical Enterprises, 95 Phil. 739
c) Independent Contractor (Art. 1713)
iii. Fressel v. Mariano Uy Chaco & Co., 34 Phil 122
iv. Shell Company of the Phil. V. Firemen’s Insurance, 100 Phil.
757
v. Africa v. Caltex Phil., Inc., 16 SCRA 448
d) Negotiorum Gestio (Art. 2144-2145)
-De la Peña v. Hidalgo, 16 Phil. 450
e) Loan (Art. 1933)
-2 C.J.S. 1030
vi. Jai Alai Corp. v. BPI, 66 SCRA 29
Week No.10
C. Kinds, Creation and Existence
1. General Classification
a) Actual Agency (Art. 1868)
b) Apparent or Ostensible Agency (Art. 1873)
-J.B.L. Reyes 16 Lawyers Journal 138
-Rallos v. Yangco, 20 Phil. 269
-Compañia General de Tabacos v. Diaba, 20 Phil. 321
c) Agency by Estoppel
-2 C.J. 444-445
-2 C.J. 464-466
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xvi. Macke v. Camps, 7 Phil. 553
2. Kinds of Actual Agency
a) As to manner of creation (Art. 1869)
b) As to character (Art. 1875)
c) As to extent (Art. 1876)
d) As to scope of authority (Art. 1877, 1878)
Week No. 11
Week 12
4
Week No. 13
III. TRUSTS
A. Definition
B. Parties
C. Different Kinds of Trusts
1. Express Trust (Art. 1443-1446)
-Ramos v. Ramos, 61 SCRA 284
2. Implied Trust (Art. 1447-1457)
-CUAYCONG V. Cuaycong, 21 SCRA 1192
3. Resulting Trust
4. Constructive Trust
Week No. 14
D. Enforcement of Trust
1. In relation to laches
a) Fabian v. Fabian, 21 SCRA 213
b) Sotto v. Teves, 86 SCRA 154
JCC 8-17-17