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Problems On Partnership
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PROBLEMS
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SUGGESTED ANSWER:
• 1 No, a conveyance by a partner of his whole interest in a
partnership does not of itself dissolve the partnership in the absence
of an agreement. (Art.1813. Civil Code)
2. What are the rights of Justine, if any, should she desire to participate in
the management of the partnership and in the distribution of a net profit
ofP360.000.00 which was realized after her purchase of Una's interest?
SUGGESTED ANSWER:
2. Justine cannot interfere or participate in the management or
administration of the partnership business or affairs. She may, however,
receive the net profits to which Una would have otherwise been entitled. In
this case, P120.000 (Art. 1813, Civil Code)
Interpreting Art. 1830 (1) (c) to mean that if one of the partners had
assigned his interest on the partnership to another the remaining partners
may not dissolve the A should be hired as Secretary. The decision for the
hiring partnership, the dissolution by Patricia and Priscilla without the
consent of Pauline or Philip is not valid.
2. Does Philip have any right to petition for the dissolution of the
partnership before the expiration of its specified term? Explain.
SUGGESTED ANSWER:
2. No, Philip has no right to petition for dissolution because he does
not have the standing of a partner (Art. 1813 NCC)
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Can two corporations organize a general partnership under the Civil Code
of the Philippines?
SUGGESTED ANSWER:
As a general rule, a corporation may not form a general partnership with
another corporation or an individual because a corporation may not be
bound by persons who are neither directors nor officers of the corporation.
However, a corporation may form a general partnership with another
corporation or an individual provided the following conditions are met:
a) The Articles of Incorporation of the corporation expressly allows the
corporation to enter into partnerships;
b) The Articles of Partnership must provide that all partners will manage
the partnership, and they shall be jointly and severally liable; and
c) In case of a foreign corporation, it must be licensed to do business in
the Philippines
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