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Notes in
007: Rights, Powers, and Authority of Partners
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Status
Last Update
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Published
11/01/2024
What are the three property rights of a partner?
Published
11/01/2024
What does Managing Power entail for a partner?
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11/01/2024
What does Co-ownership Power entail for a partner?
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11/01/2024
What does Equity Interest mean in the context of partnership rights?
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11/01/2024
What are the three roles a partner assumes in a partnership under Article 1810?
Published
11/01/2024
What is "delectus personae" in partnership?
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11/01/2024
What rights does delectus personae provide a partner?
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11/01/2024
How does the new Civil Code view a partner's property rights?
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11/01/2024
What is the general agency rule in Article 1818?
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11/01/2024
What is the exception to a partner's agency authority in Article 1818?
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11/01/2024
Can a partner bind the partnership in acts outside the usual business?
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11/01/2024
What acts require consent of all partners?
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11/01/2024
Are partner admissions binding on the partnership?
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11/01/2024
Does notice to one partner count as notice to the partnership?
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11/01/2024
What is the exception to the rule of notice in Art. 1821?
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11/01/2024
When is the partnership liable for wrongful acts of a partner?
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11/01/2024
When is the partnership liable for a partner's misapplication of third-party property?
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11/01/2024
What is the liability of partners under Art. 1824 or when a partner has committed a wrongful act or misapplies funds/property?
Published
11/01/2024
What binds the partnership in the usual course of business?
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11/01/2024
What does Art. 1803 say about management if it's not agreed upon?
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11/01/2024
What is the doctrine of apparent authority in partnerships?
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11/01/2024
What does Article 1822 say about partnership liability for torts?
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11/01/2024
When does solidary liability apply in a partnership?
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11/01/2024
What was the original rule in Council of Red Men regarding partnership authority in management?
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11/01/2024
How did the case of Council of Red Men interpret the absence of specific contracting power?
Published
11/01/2024
Why is the case of Council of Red Men no longer applicable under Modern Philippline Partnership Law?
Published
11/01/2024
What was the Council of Red Men's stance on the articles of partnership's binding effect on third parties?
Published
11/01/2024
Does the Philippine Partnership Law consider partnership articles as public documents?
Published
11/01/2024
How do partnership articles affect third parties according to Philippine Partnership Law?
Published
11/01/2024
Under current law, can a third party be bound by internal management terms in the partnership articles?
Published
11/01/2024
What is required for a third party to be affected by specific terms in the articles of partnership?
Published
11/01/2024
What is the effect of internal management arrangements on third parties dealing with a partnership?
Published
11/01/2024
How is the general presumption of authority among partners summarized?
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11/01/2024
What was the Court’s ruling in Litton regarding the binding authority of one managing partner?
Published
11/01/2024
Does a registered article of partnership with the SEC constitute a binding public document?
Published
11/01/2024
What was the significance of the management clause in Smith, Bell & Co. v. Aznar?
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11/01/2024
How does the doctrine of apparent authority apply in Aznar?
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11/01/2024
What was Aznar’s ruling regarding purchases made by an industrial partner?
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11/01/2024
What does Goquiolay v. Sycip establish regarding partner actions within the ordinary course of business?
Published
11/01/2024
How does Article 130 of the Code of Commerce affect unauthorized obligations?
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11/01/2024
What does Article 1818 require for non-ordinary transactions in partnership business?
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11/01/2024
Is the sale of partnership goodwill an ordinary transaction under Article 1818?
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11/01/2024
Why is apparent authority not applicable to non-ordinary partnership transactions?
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11/01/2024
How did Goquiolay interpret the sale of real estate in partnerships dealing in real estate?
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11/01/2024
What distinguishes ordinary vs. extraordinary transactions in partnership business?
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11/01/2024
Does Goquiolay require all partners’ consent to sell firm real estate in a real estate partnership?
Published
11/01/2024
What does Article 1800 of the Civil Code allow a managing partner to do?
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11/01/2024
Can a managing partner’s power under Article 1800 be revoked?
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11/01/2024
What does Article 1801 provide for partnerships with multiple managers without defined duties?
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11/01/2024
How does Article 1802 restrict actions in partnerships with unanimous consent clauses?
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11/01/2024
What administrative actions has the Supreme Court allowed for a managing partner without other partners' consent?
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11/01/2024
What doctrine does Article 1818 support in determining managing partner actions?
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11/01/2024
What is the significance of Articles 1800-1802 in partnerships?
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11/01/2024
Under Article 1774, how must immovable property acquired in the name of the partnership be conveyed?
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11/01/2024
What is the rule in Article 1803 regarding partnership management when no specific agreement exists?
Published
11/01/2024
Can a partner alter partnership immovables without consent according to Article 1803?
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11/01/2024
What authority does Article 1819 grant to a partner regarding conveyance of property titled in the partnership name?
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11/01/2024
How is the partnership’s equitable interest affected when a partner conveys property titled in the partnership’s name but does so in their own name?
Published
11/01/2024
What rights exist if title to real property is in the name of some, but not all, partners and the partnership’s interest is undisclosed?
Published
11/01/2024
What is required for a conveyance of partnership real property when it is titled in all partners’ names?
Published
11/01/2024
What is the implication of apparent authority regarding transactions made by a partner?
Published
11/01/2024
What must be established for a conveyance by a partner to pass equitable interest in real property titled in the partnership name?
Published
11/01/2024
What authority do partners have when real property is held in their individual names but not disclosed as partnership property?
Published
11/01/2024
What is a partner's right to specific partnership property according to Article 1811?
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11/01/2024
Can a partner's right in specific partnership property be assigned?
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11/01/2024
Are a partner's rights in specific partnership property subject to attachment or execution?
Published
11/01/2024
What happens when a partner contributes property to the partnership?
Published
11/01/2024
In Catalan v. Gatchalian, what was held regarding redemption of partnership property?
Published
11/01/2024
What does Article 1811(2) state about assignability of rights in specific partnership property?
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11/01/2024
How does Article 1811(4) affect a partner's right to specific partnership property?
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11/01/2024
What is the significance of a partner being a trustee for partnership property?
Published
11/01/2024
How do the principles of ownership differ between ordinary co-ownership and partnership property?
Published
11/01/2024
What did the case Clemente v. Galvan establish about contributed property?
Published
11/01/2024
Accdg. to Prof. Bautista, what are the reasons why a partner's right in partnership property is not assignable?
Published
11/01/2024
What is a partner's interest in the partnership as defined in Article 1812?
Published
11/01/2024
What does Article 1813 state about a partner's conveyance of interest?
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11/01/2024
Under Article 1813, when can an assignee avail himself of remedies?
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11/01/2024
What rights do assignees have in the event of partnership dissolution according to Article 1813?
Published
11/01/2024
What does Article 1814 allow a judgment creditor to do?
Published
11/01/2024
What does Article 1814 state about redeeming charged interests?
Published
11/01/2024
What is emphasized by Prof. Bautista regarding Article 1814?
Published
11/01/2024
How does Article 1827 relate to the rights of separate creditors?
Published
11/01/2024
According to Article 1797, how are profits and losses distributed?
Published
11/01/2024
What does Article 1799 say about excluding partners from profit or loss?
Published
11/01/2024
What happens when partners designate a third person for profit/loss distribution?
Published
11/01/2024
How does the Supreme Court view profit guarantees in partnerships?
Published
11/01/2024
When do partners gain the right to share in profits?
Published
11/01/2024
Can a partner reclaim profits after having received a partnership contribution?
Published
11/01/2024
What happens if partners approve an accounting without objections?
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Last Update
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