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Give Eight Distinctions of Partnership From Conjugal Partnership of Gains
Give Eight Distinctions of Partnership From Conjugal Partnership of Gains
distinctions
of
partnership
from
conjugal
partnership
of gains.
i. Parties. – A
business
partnership
is created
by the
voluntary
agreement
of two or
more
partners
(Art. 1767.)
belonging
to either
sex, while a
conjugal
partnership
arises in
case the
future
spouses – a
man and a
woman –
agree that
shall govern
their
property
relations
during
marriage
(Art. 105,
Family
Code.);
ii. Laws which
govern. –
The
ordinary
partnership
s are, a
rule,
governed
by the
stipulation
of the
parties
(Arts. 1159,
1308.),
whereas a
conjugal
partnership
is governed
by law
(Arts. 105-
133, Family
Code);
iii. Juridical
personality.
–A
partnership
has a
personality
under the
law
separate
from the
members
composing
it, while
conjugal
partnership
of gains has
none;
iv. Commence
ment. – A
partnership
begins from
the moment
of the
execution of
the
contract,
unless it is
otherwise
stipulated
(Art. 1784.),
while a
conjugal
partnership
of gains
commences
precisely on
the date of
the
celebration
of the
marriage,
and any
stipulation
to the
contrary is
void (Arts.
88, 107,
Ibid.);