Cannot Give Consent To A Contract Of Partnership

1) Minors

2) Insane or demented persons

3) Deaf-mutes who do not know how to write

4) Persons suffering from civil interdiction

5) Incompetents who are under guardianship

Exception

- Under Article 1782, persons who are prohibited from giving each other any donation or

advantage cannot enter into a

universal partnership because such contribution is considered a donation. A married woman

may enter into a contract of

partnership even without her husband’s consent, but the husband may object under certain

conditions.

- Both spouses may enter into a particular partnership.

Forms of Contribution

a) Money – there is no contribution of money until they have been cashed.

b) Property – may be real or personal, tangible or intangible.

c) Industry – a limited partner in a limited partnership cannot contribute mere industry or

service.

- partners can stipulate the contributions of unequal shares to the common fund, absent the

stipulation, the presumption is that it shall be in equal shares. (Article 1770) - principle is

consistent with rule that partners have equal rights.