Article 1825

When a person, by words spoken or written or by conduct, represents himself, or

consents to another representing him to anyone, as a partner in an existing partnership or with
one or more persons not actual partners, he is liable to any such persons to whom such
presentation has been made, who has, on the faith of such presentation, given credit to the actual
or apparent partnership, and if he has made such presentation or consented to its being made in
public manner he is liable to such person, whether the presentation has or has not been made or
communicated to such person so giving credit by or with the knowledge of the apparent partner
making the presentation or consenting to its being made:
(1) When a partnership liability results, he is liable as though he were an actual member
of the partnership;
(2) When no partnership liability results, he is liable pro rata with the other persons, if
any, so consenting to the contract or representation as to incur liability, otherwise separately.

 Meaning and effect of estoppel – Estoppel is a bar which precludes a person from denying or
asserting anything contrary to that which has been established as the truth by his own deed
or representation, either express or implied.

 When a person a partner by estoppel – A person not a partner may become a partner by
estoppel, and thus be held liable to third persons as if he were a partner, when by words or
by conduct he:
a. Directly represents himself to anyone as a partner in an existing partnership or in a
non-existing partnership (with one or more persons not actual partners); or
b. Indirectly represents himself by consenting to another representing him as partner
in an existing partnership or in anon-existing partnership.

 When partnership liability result – If all the actual partners consented to the representation.
The person becomes an agent of the partnership.

 When liability pro rata – When there is no existing partnership and all those represented as
partners consented to the representation
When liability pro rata – Not all of the partners of an existing partnership consented to the
representation.

 When liability separate – When there is no existing partnership and not all but only some of
those represented as partners consented to the representation.
When liability separate – None of the partners in an existing partnership consented to such
representation.

 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.
Partner by Estoppel

https://www.scribd.com/presentation/499799811/article-1825-1827
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