Professional Documents
Culture Documents
Tan Eng Kee never represented himself as a partner to any third person his
actions, when he was alive, taken together with how his brother treated him, strongly
indicate that he was NOT a partner.
Doctrine: Where circumstances taken singly may be inadequate to prove the intent
to form a partnership, nevertheless, the collective effect of these circumstances may
be such as to support a finding of existence of the parties intent.
Article 1825 is meant to protect third persons who were misled by a person acting
as a partner even if he really isnt. Since Tan Eng Kee never represented himself as
a partner, and there is no evidence or documentation of him being a partner, then he
is not a partner.