HANDOUT NO.

4P
A. Universal Partnership
Points of Distinction
As to what is
contributed
As to what passes to
the partnership

Universal Partnership of
ALL PRESENT
Property
All the properties contributed
plus the profits of said
contributed properties (not
other profits)
All the property actually
belonging to the partners
are contributed.

Universal Partnership
of ALL PROFITS
All profits acquired by the
industry or work of the
partners.
Only the USUFRUCT of
the properties of the
partners is contributed to
the
partnership.
Ownership is retained by
the
partner
who
contributed the property.

B.
Acts of Administration refers to the management of the affairs of the
partnership (Art. 1800-1802)

Acts of Ownership/Alteration/Strict Dominion ALL the partners must consent

(Art. 1803)
C. Risk of Loss (Art. 1795)
a) Specific and determinate things (Not fungible, whose usufruct is enjoyed by
the partnership) partner who owns it bears the loss for ownership was never
transferred to the partnership.
b) Fungible or Deteriorable Partnership bears the loss (ownership was
transferred)
c) Properties contributed to be sold Partnership bears the loss
d) Contributed under appraisal partnership bears the loss
Source: Civil Code of the Philippines, Paras, 2012 Edition

A. Villegas