Atty: the purpose being to be hopefully blessed. Student: I am 25, Atty.

To be blessed may be a profit for our soul but
not economic profit referred to by law.
Economic profit not just social or spiritual profit.
Atty: Because you now realized this is not for
economic profit, you decided to collect more
capital among yourselves. Now that you have
more money, you decided to put up a church
hoping that all the collections every Sunday
would be collected to be placed to a common
fund. You realized that having masses only on
Sundays , the assets are not fully utilized so you
held masses instead of once a week you held it
on Sundays, Wednesdays and Mondays as holy
days of obligations so that all members will be
forced otherwise you will commit a mortal sin
hence resulted to profits almost doubled. Now,
are you now partners?
Student:
Still not, Atty.
AE: Why not?
Student: The intention to engage in a
partnership is not present. The intention to
engage in such is the primordial factor to be
considered in order for us to decide if that two
persons really consist a partnership.
Atty: now, what was missing there?
Student: The intention to be bound
Atty:
The intention was there. You agreed…except
that, did you agree to share all the collections?
Atty: so what are required to become a partner
in a partnership?
Student:
To be qualified as a partner, you need to be at
the right age, have the capacity wherein I can
contribute money for the industry and in sound
mind.
Atty: How would you know that you are in a
sound mind? This is because?
Student: Partnership is a consensual contract
Atty: It is a contract. And in law of the
obligations and contracts you learned?
Student: We learned that a contract is entered
into by two persons where one binds himself to
the other to give, to do or not to do
Atty: and the elements of a contract are?
Student: Cause, subject matter and consent. So
consent is?
Student: Consent is the willingness to
voluntarily enter into a contract
Atty: freely given?
Student: Yes, Atty.
Atty: otherwise in criminal law?
Student: otherwise it will be intimidation?
Atty: it’s rape. If it happens against your will.

Student: No, Atty.

Atty: No agreement to share was present.. To

engage in anything else will not make you a
partnership as envisioned by law. The
partnership envisioned here has the intention
to share profits out of your contributions. You
said you could be a partner. How old are you?