Law

11問 • 2年前

問題一覧

By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the inten- tion of dividing the profits among themselves. Two or more persons may also form a partnership for the exercise of a profession.

ARTICLE 1767

The partnership has a juridical personality separate and distinct from. that of each of the partners, even in case of failure to comply with the requirements of. article 1772, first paragraph

ARTICLE 1768

In determining whether a partnership exists, these rules shall apply: (1) Except as provided by article 1825, persons who are not partners as to each other are not partners as to third persons; (2) Co-ownership or co-possession does not of itself establish a partnership, whether such co-owners or co- possessors do or do not share any profits made by the use of the property; (3) The sharing of gross returns does not of itself es- tablish a partnership, whether or not the persons shar- ing them have a joint or common right or interest in any property from which the returns are derived; (4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment: (a) As a debt by installments or otherwise; (b) As wages of an employee or rent to a land- lord; (c) As an annuity to a widow or representative of a deceased partner; (d) As interest on a loan, though the amount of payment vary with the profits of the business; (e) As the consideration for the sale of a good- will of a business or other property by installments or otherwise.

ARTICLE 1769

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

ARTICLE 1780

Articles of universal partnership, entered into WITHOUT SPECIFICATION of its nature, only constitute a universal partnership of profits.

ARTICLE 1781

Persons who are prohibited from giving each other any donation or advantage cannot enter into universal partnership

ARTICLE 1782

A particular partnership has for its object determinate things, their use or fruits, or a specific undertaking, or the exercise of a profession or vocation

ARTICLE 1783

A partnership is a consensual contract; hence it exists from the moment of the celebration of the contract of the partners

ARTICLE 1784

When a partnership for a fixed term or particular undertaking is continued after the termination of such term or particular undertaking without any express agreement, the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with a partnership at will.

ARTICLE 1785

Every partner is a debtor of the partnership for whatever he may have promised to contribute thereto

ARTICLE 1786

A partner who has undertaken to contribute a sum of money and fails to do so becomes a debtor for the interest and damages from the time he should have complied with his obligation.

ARTICLE 1788

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Ceejay · 8問 · 2年前

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