Law On Partnerships and Corporation

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ARTICLE 1788

ARTICLE 1788

Article 1788

A partner who has undertaken to contribute a


sum of money and fails to do so becomes a debtor
for the interest and damages from the time he
should have complied with his obligation.
The same rules applies to any amount he may
have taken from the partnership coffers, and his
liability shall begin from the time he converted the
amount of his own. (1682)

Example

7 billion pesos

7 billion pesos

7 billion pesos

Example

10 billion pesos

Obligations of the partners with


respect to capital under Article 1788:

1) To contribute on the date due the amount he


has undertaken to contribute to the
partnership;
2) To reimburse any amount he may have
taken from the partnership coffers and
converted to his own use;

Obligations of the partners with


respect to capital under Article 1788:

3) To pay the agreed or legal interest, if he fails


to pay his contribution on time or in case he
takes any amount from the common fund
and converts it to his own use; and
4) To indemnify the partnership for the
damages caused to it by the delay in the
contribution or the conversion of any sum for
his personal benefit.

ARTICLE 1789

Article 1789

An industrial partner cannot engage in business


for himself, unless the partnership expressly
permits him to do so; and if he should do so, the
capitalist partners may either exclude him from the
firm or avail themselves of the benefits which he
may have obtained in violation of this provision,
with a right to damages in either case.

Example

Chief Repair
Technician

Capitalist
Partners

ARTICLE 1790

Article 1790

Unless there is a stipulation to the contrary, the


partners shall contribute equal shares to the
capital of the partnership.

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