There’s no partnership contract if there is one element of partnership missing or not met.
Inherent – inborn or natural
How to determine the personality?
- Art. 40 birth determines personality
- Art. 41 for civil purposes - Fetus; o Considered born, 7 or more month born alive less than 10 hours, o Considered born, 6 months born alive less than 24 hours
Juridical capacity can be;
- Acquired or loss
Article1825 is not rule to determine the existence of partnership but to determine there’s no partnership exists
Article 1767 is one rule to determine the existence of partnership.