Professional Documents
Culture Documents
COURSE BACKGROUND
Course description: This course provides an introduction to the law on business organizations,
including sole proprietorship and corporations, but focuses on partnerships as a
major form of business organization. Notably, business organizations, particularly
partnership and corporation, act through representatives. For this purpose, the
concept of agency, in relation to Trust, becomes highly relevant.
Platform: MS Teams
AGENCY
AGENCY [1868-1932]
a. Concept, kinds, characteristics, agency distinguished from other contracts [1868-1883]
b. Formalities required
i. General Power of Attorney [1877]
ii. Special Power of Attorney [1878]
1. Sale of a piece of land
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Case Laws:
16. International Exchange Bank vs. Sps. Jerome and Quinnie Briones
29 March 2017, GR No. 205657
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TRUST
TRUST
a. Concept, nature
b. Kinds of trust
1. Express Trust [1443-1446]
a. Kinds:
i. Contractual
ii. Inter vivos
iii. Eleemosynary or charitable
iv. Publicly-regulated trust
b. Capacities, rights, duties and obligations of the parties: trustor and trustee
c. Beneficiary
d. How extinguished
Case Laws:
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14. Sotero Armamento vs. Cipriano Guerrero
21 February 1980, GR No. L – 34228
PARTNERSHIP
c. As to liability of partners
i. General Partnership [1816, 1822-1824]
ii. Limited Partnership [1843]
d. As to duration
i. At will
ii. For a period
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e. As to legality of existence
i. De jure partnership
ii. De facto partnership
f. As to representation to others
g. As to publicity
h. As to purpose
6. Kinds of Partners
a. Capitalist vs. Industrial
b. General vs. Limited
c. Managing vs. Liquidating
d. Incoming vs. Retiring
e. Ostensible vs. Secret vs. Silent vs. Dormant
f. Partner by estoppels
g. Subpartner
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4. Winding up of partnership affairs
a. Manner of winding up [1836]
b. Effects [1837-38]
NOTHING FOLLOWS.
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