You are on page 1of 1

ART.

1767
by the contract of a partnership two or more persons bind themselves to contribute money,
property or industry to a common fund, with the intention of
dividing the profits among themselves.

two or more persons may also form a partnership for the exercise of a profession

definition of PARTNERSHIP:
a partnership is an association of two or more persons to carry on as co-owners a business for
profit
legal relation; expressed or implied; two or more competent persons; property, labor, skill; joint
profit
joint undertaking; share in profits and loss
status arising out of a contract; share as common owners; on behalf of all of them
organization; production of income; contributes one or both ingredients; capital or service
an entity; distinct from members; a person having its own assets and liabilities

Profession
practice of each academic learning is required
rendering of public service
whole body of persons or a group of persons engaged in a calling
a group of men pursuing a learned art as a common calling in the spirit of public service no less
a public service because it may incidentally be a means of livelihood

(7) Characteristic elements of a partnership:


CNBOCCP
consensual - perfected by mere consent
nominate - has a special name
bilateral - entered into by two or more persons
onerous - procure for himself a benefit through giving of something
commutative - undertaking of each partner is equivalent of others
principal - does not depend for its existence
preparatory - entered into as a means to an end

*partnership is a contract of agency

*right to choose co partners:


no one can become a member without the consent of other partners

*delectus personae:
allows members to have the power to dissolve partnership
choice of the person or choice of the persons

You might also like