Flashcards (Chapter 2)

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True or False

1. If the title is in the name of the partnership and it was conveyed under the
partnership’s name, the title is conveyed to the buyer. TRUE (Article 1819)
2. If the title of the real property is in the name of one or more partners and
conveyance was executed under the partner’s name who holds the title,
it will result to transfer of equitable interest to the buyer. FALSE (Article
1819, Paragraph 3)
3. A notice to a partner is a notice to the partnership. TRUE (Article 1821)
4. Article 1820 states that an admission or representation made by any
partner concerning partnership affairs beyond the scope of his authority in
accordance with this Title is evidence against the partnership. FALSE
5. Instances where knowledge of a partner is considered knowledge of the
partnership. TRUE
a. Knowledge of the partner acting in the particular matter acquired
while a partner.
b. Knowledge of the partner acting in the particular matter then
present to his mind.
c. Knowledge of any other partner who reasonably could and should
have communicated it to the acting partner.
6. If a partner caused damages or loss to an individual outside partnership,
the partnership is not, in any way, liable for the unlawful acts or omissions
made by the partner. FALSE (Article 1822)
7. The partnership is bound to make good the loss if one partner acting
within the scope of his apparent authority receives money or property of a
third person and misapplies it. TRUE (Article 1823)
8. All partners are liable solidarily with the partnership for everything
chargeable to the partnership under Articles 1822 and 1823. TRUE (Article
1824)
9. Under Article 1826 of the Civil Code of the Philippines, when a person is
newly admitted to the partnership, he is liable for all the obligations of the
partnership incurred before he joined, and his liability is satisfied to his
personal assets. FALSE (Article 1826)
10. Article 1827 affirms that personal creditors of each partner is preferred
with regards to partnership property. FALSE
Identification

1. Legal evidence of a person’s ownership rights in property; an instrument


(such as deed) that constitutes such evidence. TITLE
2. An interest held by virtue of an equitable title or claimed on equitable
grounds, such as the interest held by a trust beneficiary. EQUITABLE
INTEREST
3. A statement that may hold as evidence against the partnership, which
claims that something is true or that he or she made a mistake.
ADMISSION
4. Where, by any wrongful act or omission of any partner acting in the
ordinary course of the business of the partnership or with the authority of
his co-partner, loss or injury is caused to any person, not being a partner in
the partnership, or any penalty is incurred, the partnership is liable
therefore to the same extent as the partner so acting or omitting to act.
ARTICLE 1822
5. Arises when all of the partners authorized a third person, who is not a
partner, to misrepresent himself as a part of the partnership. PARTNERSHIP
BY ESTOPPEL
6. A person who represents himself, or consents another representing him to
anyone, as a partner either in an existing partnership or in one that is
fictitious. PARTNERS BY ESTOPPEL
7. Who should be liable if a third person transacted to a partnership in case
of Article 1822 or 1823? PARTNERSHIP, PARTNERS ARE SOLIDARILY LIABLE
8. A real property may be registered in the name of: (1) partnership; (2) one
or more or all the partners; (3) one or more or all the partner; or in a third
person in trust for the partnership; (4) all of the partners; (5) third person
outside the partnership.
All of this is correct under Article 1819 except? (5) third person outside the
partnership.

9. All partners, guilty or not, is held accountable for the fault made by a
partner to a third person. SOLIDARY OBLIGATION
10. The creditors of the partnership shall be preferred to those of each
partner as regards the partnership property. Without prejudice to this right,
the private creditors of each partner may ask the attachment and public
sale of the share of the latter in the partnership assets. ARTICLE 1827

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