Q-1. Enumerate and define the kinds of partnership.

Under the law, the following are kinds of partnership as to its object: (1) universal partnership; or
(2) particular partnership. As regards the liability of the partners: (1) general partnership; or (2)
limited partnership.

Universal partnership or one which refers to all the present property or to all profits. A particular
partnership has for its object determinate things, their use or fruits, or a specific undertaking, or
the exercise of a profession or vocation. General partnership or one consisting of general
partners who are liable pro rata and subsidiarily and sometimes solidarily with their separate
property for partnership debts. Limited partnership or one formed by two (2) or more persons
having as members one (1) or more general partners and one (1) or more limited partners, the
latter not being personally liable for the obligations of the partnership.

Q -2. What is a universal partnership of all present property?

Under Article 1778 of the New Civil Code, universal partnership of all present property is that in
which the partners contribute all the property which actually belongs to them to a common fund,
with the intention of dividing the same among themselves, as well as all the profits which they
may acquire therewith.
 
Q -3.  May the husband and wife enter into a universal partnership? Why?
No, husband and wife may not enter into a universal partnership.

Under the law, persons who are prohibited from giving each other donation or advantage cannot
enter into a universal partnership.

Here, a husband and wife may not donate to each other.

Therefore, they may not enter into a universal partnership.

Q -4.  Can the husband and wife continue with a limited partnership they created prior to their
marriage? Why?
 
Q – 5. X, Y, and Z entered into a contract of partnership obligating themselves to put
P500,000.00 each into the common fund. If Z paid to the common fund only P300,000.00, he is
a debtor in relation to the partnership. If he does not pay the P 200,00.00, can X and Y rescind
the contract? Why?
 
Q -6.  May an industrial partner engage in any business during the existence of the partnership?
Why?
 
Q -7.  In Q-5, what are the consequence?
                                                                             
Q -8.  May a capitalist partner engage in business during the existence of the partnership? Why?
 
Q -9.  What are the consequences if the capitalist partner engages in a business which
competes with the business of the partnership ?
 
Q -10.         What is the rule on the contribution of the partners?
 
Q – 11. X and Y are partners with X as the managing partner. Z is a debtor of the partnership. He
is also indebted to the manager X in his personal capacity. X collected the amount of
P10,000.00 from Z. States the rule on how the amount shall be applied to the two obligations.
 
Q – 12.        What requisites must be present in order that the above stated rule may apply?
 
Q – 13. May an industrial partner  be liable for the losses of the partnership? Explain.
 
Q -14. X and Y are good friends. When X established a department store, Y gave X the amount of
P500,000.00 with the understanding that he would be entitled to 25% of the annual profit        of
the store. Are the parties partners?
 
Q -15. Under what circumstance may an industrial partner share in the profit?
 
Q – 16. X, Y and Z are partners. There is a stipulation in the contract that Z shall not share in the
profits and losses. Is the stipulation valid? Why?
 
Q – 17. X, Y and Z entered into a universal partnership of all present properties. Will this
partnership include all the properties which they would acquire subsequent to the partnership?
 
 
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Q -18.         X and Y entered into contract of partnership of profits. Does it mean that all
properties they would possess at the time of the celebration of the partnership would pertain to
the partnership?
 
 
Q -19. May future properties like those acquired by inheritance, legacy, of donation be included
in a universal partnership of all present properties?
 
Q- 20. State the rules in the management of the partnership and removal of managers.
 
Q- 21.         Suppose in the contract of partnership of XYZ Co., A was excluded from liability, can
he interpose this stipulation against XYZ Co. in case the latter would go after him? Why?
 
Q-22.          Suppose it is stipulated in the problem above that an industrial partner is exempt
from losses, can he interpose it against XYZ Co. in case the latter goes after him? Why?
 
Q- 23.         Under what circumstances are the partners solidarilly liable with the partnership for
anything chargeable to the partnership? Why?
 
Q- 24.                  May the partners be liable for the obligation of the partnership? Explain.
 
Q- 25.  A, B, and C are partners. A conveyed his share to D. Thereafter, the partnership incurred
liabilities for the contract entered into between the partnership and X prior to the sale of A’s
share.  Can D be liable for such obligation?  Why?