Article 1822, 1823, and 1824

This article pertains to resulting a receiving liability from the acts of the partner. It pertains to a civil
liability resulting the acts from the partner or partnership that resulted to a harm, loss or injury to
other person. Causing damages and that such damages becomes the liability na kailangan nilang
bayaran.
In article 1822, nagcause na ng loss or injury mayroon ng damages na kailangan bayaran, ito ang
magiging liability or civil liability. While in article 1823, “ the partnership is bound to make good the
loss”, kailangan daw is bayaran yung damages na naicause niya. Lastly article 1824, “all partners are
liable solidarily with the partnership for everything chargeable to the partnership under articles 1822
ans 1823”

Liability arising from Partner’s Wrongful Act or Omission, or Breach of trust - nagccause ng liability
ang any wrongful act or omission which is article 1822, that wrongful act or omission cause loss or
injury to third persons. Article 1823 it pertains to misapplication of asset and trusted to a partners or
partnership. Ang tawag sa kanila is solidarily obigation, liable si partners and partnership solidarily.

1. Solidarily Liability - sinabi sa article 1824 na ang magiging cause nito is solidarily liability.
Solidary obligation is yung debtors is liable for the whole obligation, yung creditors or any sa kanila ay
pwede magdemand ng fullfillment ng obligation.
Sinabi sa article 1824, na kapag nangyari is wrongful act or breach of trust, solidarily obligationg ang
magiging effect niya.

In article 1816, naidiscuss don ang provision kung saan magiging liable din ang mga partners and
partnership pero difference siya sa article 1822, 1823 & 1824

Article 1822, 1823 & 1824 Article 1816

Solidarily Liable Joint and Subsidiary Liable
Civil liability of the partnership that arises from Liability from partnership (contractual obligation)
the wrongful acts or omissions of any partners

As what you’ve seen in the table is yung difference ni article 1822, 1823 & 1824 kay article 1816
In article 1816 is yung liability na magccause or lalabas from that artilce is joint and subsidiary liable
meaning pro rata. Yung mga liability lang ng mga partners and partnership in this case is kung ano
yung share nila yung lang ang kanilang liability. And yung pwede lang nila iask for demand for
fulfillment is kung ano lang yung share nila. Kung ano share mo yung lang yung liability mo. And this
liability arises from the contractual obligation.

In article 1822, 1823 & 1824 , ang sabi dito is solidarily liable hindi na siya jointly or subsidiary. Gaya
ng napagaralan natin na obligation and contracts na ang solidarily liable or liability says that each
debtors in this case the partners or the partnership each of them is liable for the whole obligation
hindi na as to their shares, but rather as the whole obligation na. And the creditors in this case is
entitled to demand the fulfillment of the whole obligation, that is solidarily liable.

As compared in article 1816 mas mabigat ang responsibility ng isang liability or degree of liability
when it come to article 1822, 1823 & 1824 because this has cause from civil liability of wrong full acts
or omissions.
Article 1825
Article 1825 pertains to estoppel when it comes to partnership.
Partnership by Estoppel
1. Meaning and effect of estoppel
- a bar that precludes a person from denying or asserting anything contrary to that which has been
established as the truth by his own deed or representation ( express or implied)
Dito is yung sinasabi mo by your action na partner ka by that partnership then if it is prove na ginawa
mo yon on your own representation, sinasabi mo na partner ka ng partnership na ‘to. Any of liability
that arises from that deed or representation na ginawa mo hindi mo matatakasan dahil you are ipso
jure. You will consider partnership by estoppel.

2. Partner by Estoppel
A person who represents himself, or consents to another or others representing him to any one, as
a partner either in an existing partnership or in one that is fictitious or apparent.

Wala siyang rights ng isang totoong partner pero may liability siya na as if partner siya. Directly
represents himself to anyone na partner siya ( existing man or not ang partnership) . Indirectly
represents himself by consenting to another na nagrerepresent rin na magpartner. In this case for
example meron kang kaibigan then yung kaibigan mo alam mo na kinukwento niya sa iba na
magpartner kayo sa isang business. So ikaw naman whether expressly or implied you consented to
that. Kumbaga is alam mo na sinasabi niya sa ibang tao pero di mo siya pinigila, implied consent yan.

Kelan naman nagiging liable ang existing partnership?

- nagiging liable ang isang existing partnership kapag all the actual partners consented to such
representation. The person becomes an agent of the partnership.

When liability is pro rata

- when no existing partnership and all those represented as partners connected to such
representation
- not all partners of an existing partnershp consented to the representation.

Kapag liability is seperate naman is no existing partnership and not all but only some of those
represented as partners consented to the representations or none of the partners n an existing
partnership connected to such representation.

Take note that, estoppel does not create partnership, liability is created only in favor of persons who
on the faith or representation gave credit to the actual or apparent partnership ( actual partnership is
one thing and liability of partners is another and different thing) .

Article 1826
In his case may incoming partner. Yung contribution niya sa partnership kahit na incoming partner
siya, or newly admitted partner siya yung contribution niya sa partnership or even though yung mga
liabilities that was existing before his admittance is sakop pa din nung yung kanyang contribution.
Yung kanyang contribution or share sa partnership is sakop pa din ng existing obligations. Ang mga
partnership ay may mga obligation na kailangan masatisfy, hence your contribution or share can be
use to satisfy this obligations. As we know that a partner in a partnership, generally unlimited liability.
In this case pwedeng habulin yung personal properties or separete properties ni incoming partners
pero yung mga obligations na pwede manghabol sa kanya is subsequent.
Article 1827
Partnership creditors ang priority dyan is yung external creditors. Si partner is may personal identity
so pwede din siya magincur debt from his personal capacity. Yung concept na free asset, kung ano
free asset ni partner sa kanyang personal capacity yun yung pwede niyang pamtapal sa partnership
creditor. Dito is priority ang creditor ng partnership when it comes to partnership debt, pero when it
comes to a personal capacity of a partner priority sa kanya is personal creditor.
As long as na hindi nadadamay walang pre judicial sa partnership property pwedeng maattach or
mabenta yung share ni latter/partner pero kapag it wll prejudice the right of the partnership property
is hindi pwede iattach because ang attachment is a judicial decision wherby the court said the claims
of the creditor must be satisfied, so kukuha sila ng property from the debtor ibebenta yon para
maincash, yun yung pambayad sa creditor.