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Rules Regarding Risk of Loss of Things Contributed or Delivered (Article 1795)

A. Specific and Determinate things which are not fungible where only the use is
contributed
- The risk is borne by the partner because he remains the owner of the things.
B. Specific and Determinate Things the ownerhsip of which transferred to the partnership
- The risk is for the account of the partnrship, being the owner.
C. Fungible Things or things which cannot be kept without deteriorating even if they are
contributed only for the use of the partnership
- The risk of loss is borne by the partnership evidently the ownership was being
transferred since use is impossible withoit the things being consuemd or impaired.
Example: rice, mauubos so kaag nawala ang object na ito, ppartnership will bears
the risk of loss.
D. Things Contributed to be Sold
- May implied transfer ng ownership ng thing
E. Things brought and appraised in the Inventory
- Parang kinontirbut e ay price of the thing

DUTY NOT TO ENGAGE IN ANY BUSINESS


DUTY NOT TO ENGAGE IN ANY BUSINESS (Article 1789)
- Kapag ang aprtner na to ay nag-engage sa other business, theres a conflict of
interest. Kapag industrial ka, ang may ari ng service mo ay ang aprtnership so you
cannot give your service to other business.
Effect of Violation (Article 1789)
A. Can exclude the said partner from the firm. Papaalisin ka or di ka isasama.
B. Can avail themselves of the benefits from the illegal business.
C. Partnership ahs a right to damages in either case.

DUTY TO CREDIT PAYMENT TO PARTNERSHIP


(apply only to a amanaging partner)
Duty of the Managing Partner to Credit to the Partnership, Payment made by a debtor who
owes him personally and the Partnership (Article 1792) 1 debtor 2 debts
- Isa lang debtor. May utang siya sa partnership and managing partner. Any sum
received by the managing partner shall be applied to the two credits pro rata except
when such sum was received for the account of the partnership, in which the whole
sum shall be applied to the parternship credit only. Kailangan ishare sa partnehisp
aksi pinoprotektahan ang interets ng partnership akaysa sa personal interest ng
managing partner.
- If it is for the account of partnership, pwede ba magshare si amnaging partner?
Hindi. Kapaga ang kinolek nila ay for accoutn for partneship, applied lang sa
partnership credit do yung buong amount mapupunta lang sa partnership.

DUTY TO SHARE CREDIT RECEIVE

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