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Partnership and Corp

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1 Partnership and Corp on Thu Jun 19, 2014 2:48 pm


Arresto Menor
Just a question I thought up while studying for a quiz this evening. I would really appreciate it if someone could help me understand! Smile
1) (Art 1769) A person is presumed a partner if he receives a share of the profit. What if it is a partnership (let's call it B ) who receives a share of a profit from A? Will partnership B be a partner of partnership A? And if B does become a partner, will B be liable for A's liabilities?

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2 Re: Partnership and Corp on Fri Jun 20, 2014 5:48 pm


Arresto Menor
1769 speaks of presumptions as to whether a partnership exists. it does not provide for a presumption whether B is a partner in partnership A

partnership is consensual, contractual because it requires agreement between two or more person. So a partnership (although a juridical person) is not capable of giving consent? it has no mind? it acts only through its officers..

so the least we can conclude is that partnership B and A entered into a joint venture, and B received some profit. and under the law, in joint venture kanya kanya sila it does not form another single entity as to make B liable to the liabilities of A

just an opinion impromtu lng.

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