Topic 1

34問 • 1年前

問題一覧

By the contract of _______________, ______ or more persons bind themselves to contribute money, property or industry to a common fund, with the intention of dividing the ___________ among themselves.

partnership, two, profits

_______ or more persons may also form a ______________ for the exercise of a profession.

two, partnership

A partnership in itself is a __________ person, ____________ and ____________ from the partners composing it. It has the capacity of acting as a legal unit.

juridical, separate, distinct

C. Test in determining the existence of partnership The existence of partnership may be established by: 1. The existence of _____________ 2. The _____________ to create a partnership

contract, intention

There is no partnership in the following instances: 1) Persons who are ______ partners as to each other are ______ partners as to _____________ except in case of partnership by _____________. 2) ______________ or ______________ does not of itself a partnership, whether such coowners or co-possessors _____ or _______ share any profits made by the use of the property; 3) The sharing of ____________ does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property which the returns are derived.

not, not, third persons, estoppel, co-ownership, co-possession, do, do not, gross returns

D. Presumption of existence of partnership The ___________ by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business. The share must be in the ___________, not in ____________ The presumption is controverted when the share in the profits is given as payment of: 1. ___________ 2. ___________ of employee or _________ of landlord 3. ___________ to a widow or representative of deceased partner 4. ___________ on a loan

receipt, net profit. gross returns, Debt, Wages, Rent, Annuity, Interest

The partnership must be established for the common benefit of ______ the partners. Any stipulation which ____________ one or more partners from any share in the ________ and __________ is ______.

All, excludes, profits, losses, void

A partnership may be constituted in any form, except where ______________ property or real rights are contributed thereto, in which case a ___________ instrument shall be necessary.

immovable, public

a. If the contribution is money or personal property The contract may be ________ or __________, express or implied. The law requires that if the capital of the partnership P_________ or ________ in money or property (other than immovable), the contract of partnership must be in ___________ instrument and registered with the ______. Such requirement is only ___________, not _____________. Non-compliance thereof _________ affect the validity of the contract of partnership.

oral, written, P 3000, more, public, SEC, directory, mandatory, does not

b. If immovable property or real rights are contributed The partnership contract must appear in _________ instrument, together with an _____________ of the immovables or real rights contributed, signed by the _________ and attached to the ________ instrument, otherwise, the contract is _______.

public, inventory, parties, public, void

G. Associations treated as co-ownership Associations and societies whose articles are kept _________ among the members, and wherein any one of the members may contract in his own name with third persons, shall have ______ juridical personality, and shall be governed by the provisions relating to ________________.

secret, no, co-ownership

As to its object, a partnership is either ____________ or ____________.

universal, particular

A universal partnership is classified into: a. Universal partnership of ______________ b. Universal partnership of ______________

all present property, all profits

In a universal partnership of ___________________ the property which belong to each of the partners at the time of the constitution of the partnership, becomes the common property of all the partners, as well as all the profits which they may acquire therewith.

all present property

Universal Partnership of all present property. A stipulation for the common enjoyment of any other profits may also be made; but the property which the partners may acquire subsequently by ____________, _________ or ____________ cannot be included in such stipulation, except the _________ thereof.

inheritance, legacy, donation, fruits

Coverage of present property: 1. All present ___________ of each partner 2. All the ___________ that may be derived from such properties 3. If stipulated, the __________ of properties acquired by a partner by inheritance, legacy or donation

property, profits, fruits

A universal partnership of _____________ comprises all that the partners may acquire by their industry or work during the existence of the partnership.

all profits

__________ or ____________ property which each of the partners may possess at the time of the celebration of the contract shall continue to pertain _____________ to each, only the ____________ passing to the partnership.

Movable, immovable, exclusively, usufruct

Movable or immovable property which each of the partners may possess at the time of the celebration of the contract shall continue to pertain exclusively to each, only the usufruct passing to the partnership.

Universal pertnership of all the profits.

A stipulation for the common enjoyment of any other profits may also be made; but the property which the partners may acquire subsequently by inheritance, legacy, or donation cannot be included in such stipulation, except the fruits thereof.

Universal partnership of all present property.

Coverage universal partnership of all the profits: 1. All properties acquired by each partner from his ________ or __________ 2. ____________ of movable or immovable property belonging to each partner at the time of the ___________ of the contract of partnership

work, industry, Usufruct, perfection

Profits earned or acquired by the partners by lucrative title like ____________, _____________ or ____________ title or the findings of hidden treasure are ______ included.

donations, succession, hereditary, not

Persons who are prohibited from giving each other any donation or advantages _________ enter into ____________ partnership.

cannot, universal

Persons who are prohibited from donating to each other: 1. Between __________ 2. Between persons who are guilty of ___________ or concubinage at the time of ___________ 3. Between persons found guilty of the same criminal offense in consideration thereof 4. Between a public officer or his _______ or some other person by reason of the former's ________

spouses, adultery, concubinage, wife, office

A particular partnership has for its object ___________ things, their use or fruits, or a __________ undertaking, or the exercise of profession or vocation. It is __________ a universal partnership of all present property nor a universal partnership of profits.

determinate, specific

Coverage of a particular partnership: a. ___________ thing and their use or ________ b. ___________ undertaking c. Exercise of profession or vocation

Determinate, fruits, specific

As regards the liability of the partners, a partnership may be _____________ or ____________

general, limited

In a general partnership, all the partners are ___________ partners. They are liable ___________ their contributions.

general, beyond

In a limited partnership, there is at least _____ limited partner and at least ______ general partner. A limited partner is liable only to the __________ of his contribution.

one, one, extent

1) As to liability a) _____________ partner (Liable beyond contribution); b) _____________ partner (Liable to the extent of contribution)

General, Limited

2) As to nature of contribution a) ____________ partner (Contributed money and/or property); b) ____________ partner (Contributed services).

Capitalist, Industrial

As to knowledge by the public a) _____________ partner (Publicly known); b) _____________ partner (Not publicly known).

Ostensible, Secret

4) As to connection with the partnership a) __________ partner (Contributed money, property or industry) b) __________ partner (Partner by name only)

Real, Nominal

5) As to power in partnership management a) ____________ partner (Does not participate in the management); b) _____________(Does not participate in the management and not publicly known).

Silent, Dormant

Topic 1

Mikyii · 67問 · 1年前

Topic 1