The document discusses the rights and obligations of partners in a partnership. It covers:
1) Partners do not have a right to profits from an unlawful partnership. Property rights include equal access to partnership property but it cannot be assigned without agreement.
2) Profits and losses should be distributed according to agreement, capital contribution if no agreement, or justly for industrial partners.
3) Industrial partners are liable for debts but not losses unless also a capitalist. New partners are liable for existing debts up to their share of partnership property.
The document discusses the rights and obligations of partners in a partnership. It covers:
1) Partners do not have a right to profits from an unlawful partnership. Property rights include equal access to partnership property but it cannot be assigned without agreement.
2) Profits and losses should be distributed according to agreement, capital contribution if no agreement, or justly for industrial partners.
3) Industrial partners are liable for debts but not losses unless also a capitalist. New partners are liable for existing debts up to their share of partnership property.
The document discusses the rights and obligations of partners in a partnership. It covers:
1) Partners do not have a right to profits from an unlawful partnership. Property rights include equal access to partnership property but it cannot be assigned without agreement.
2) Profits and losses should be distributed according to agreement, capital contribution if no agreement, or justly for industrial partners.
3) Industrial partners are liable for debts but not losses unless also a capitalist. New partners are liable for existing debts up to their share of partnership property.
The document discusses the rights and obligations of partners in a partnership. It covers:
1) Partners do not have a right to profits from an unlawful partnership. Property rights include equal access to partnership property but it cannot be assigned without agreement.
2) Profits and losses should be distributed according to agreement, capital contribution if no agreement, or justly for industrial partners.
3) Industrial partners are liable for debts but not losses unless also a capitalist. New partners are liable for existing debts up to their share of partnership property.
RIGHTS OF THE PARTNER is engaged for them to avoid ground of loss of
trust and confidence.
Right to receive profits where partnership is unlawful DISTRIBUTION OF PROFITS AND LOSSES Law does not permit action for obtaining earnings from an unlawful partnership because For distribution of profits, the industrial partner for that purpose, the partner will have to base should receive his or her just and equitable his actions upon the partnership contract. share before the capitalist divide their profits. In Profits earned do not constitute or represent distributing the capitalist’s profit, it should be the partners contribution. It would be immoral based on their agreement. If there is no and unjust for the law to permit a profit from an agreement, it should be base on their capital industry prohibited by it. (Hindi pwedeng contribution. maghabol ng profit ang isang partnership na In distributing the losses, it should be based on unlawful.) their agreement. If there is no agreement, it should be based on their profit-sharing PROPERTY RIGHTS OF THE PARTNER agreement. In there is no profit-sharing For the property rights of a partner, all partners agreement, it should be based on their capital should have equal rights to possess specific contribution. partnership property for partnership purposes. RIGHTS AND OBLIGATIONS OF INDUSTRIAL PARTNER The right over a specific property is not subjected to attachment or execution except if it The industrial partner is not liable for losses but is based on a claim against the partnership itself. he is not exempted from liability. (Bawal habulin ng pinagkakautangan ng partner Industrial partner has no obligation with regards ang properties. Puwede lamang ito kung ang to contribution and additional capital unless he partnership mismo ang may utang) is an industrial-capitalist partner. Their rights in a specific partnership property LIABILITY OF NEWLY ADMITTED PARTNER are not assignable except in connection with the assignment of rights of all partners in the same Newly admitted partner is liable to existing property. (hindi pwedeng ibigay ng isang obligation only to the extent of his share to the partner ang rights niya sa property ynless ang partnership property. On the other hand, as to lahat ng partners ay nag-agree) the sequent obligations, the partners are liable A partner’s rights in a specific property are not to the extent of his separate property. subjected to legal support)
RIGHT TO PARTICIPATE IN THE MANAGEMENT
If there is no agreement, all partners have equal
rights in the management and conduct of partnership business.
RIGHT TO ACCESS AND INSPECTION OF PARTNERSHIP
BOOKS
All partners may have rights to access and
inspect partnership books.
DUTY TO RENDER INFORMATION
Partners shall render on demand true and full
information of all things affecting to any partner or legal representative of any deceased partner or of any partner under legal disability
RIGHTS TO A FORMAL ACCOUNT OF PARTNERSHIP
AFFAIRS
As long as the partnership exists, any of the
partners may demand on accounting of the partnership businesses in subject to justification
RIGHTS TO ENGAGE TO ANOTHER BUSINESS
The industrial partner cannot engage in any
businesses unless the partnership expressly permitted him to do so to prevent conflict of interest. The capitalist partners cannot engage himself only to any operation which is the same or similar kind of business in which the partnership