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ArticIe 1810-1812

ArticIe 1810
Property rights of a partner [SM]
Rights in specific partnership property [Art. 1811]
Interest in the partnership [Art. 1812]
Right to participate in the management [Art. 1803]
!,rtnership property (!! v.
p,rtnership c,pit,I (!
PP is variable; PC is constant
Note: PC can be of course increased/decreased
upon agreement
PP = original capital contributions + all
property subsequently acquired
#:Ies of ownership
Property used by the partnership
Mere use does not make it partnership property
Look at the intention of the parties
Express agreement
Acts of particular conduct
#:Ies of ownership
Property acquired by a partnership using
partnership funds
Presumption: owned by the partnership
Exception: property acquired after dissolution but
after the winding up of the partnership affairs
#:Ies of ownership
Property carried in partnership books as
partnership assets
Presumption: owned by the partnership
Note: very difficult to overcome
ther f,ctors tending to indic,te
property ownership
ncome generated by the property is received
by the partnership
The taxes on the income generated is paid
by the partnership
$pecific p,rtnership property ($!!
Tangible, not intangible
A fishpond of the public domain is not SPP since
only its use and enjoyment is granted to specific
private persons. (Deluao v. Casteel, 29 SCRA
259)
ncidents of co-ownership over
specific p,rtnership property ($!!
Equal right to possess SPP for partnership purposes
Note: can be surrendered (e.g. to managing partners)
Right in SPP is not assignable
Exception: all rights (not just over the SPP) was assigned
Right in SPP is not subject to attachment/execution
Exception: claim on the partnership
Right in SPP is not subject to legal support under
Art. 191, Family Code
h,t ifs.
ne of the partners use the property for his
own use, to the exclusion of others
Account to the partnership
Excluded partners can demand for formal account
Excluded partners can apply for judicial
dissolution
h,t ifs.
A partner dies
Right to SPP goes to surviving partners (note: not
in the legal representative of the deceased
partner!)
Effect: executor of the dead partner cannot insist on
participating in the winding up process
h,t ifs.
Partner in possession makes an adverse
claim over the property
Partner initiates title to property
Acquisitive prescription after 30 years for real / 8
years for movable
hy p,rtner c,nnot ,ssign right over
$!!
mpossible to determine extent of beneficial
interest until partnership is liquidated
Prevents interference by outsiders
Protects the rights of other partners and
partnership creditors to have partnership
assets applied to firm debts
A:thorized ,ssignment of , right over
$!!
is VD
But may be regarded as valid assignment of
the partner's interest in the partnership
!,rtner's interest in the p,rtnership
partner's proportional share in the
undistributed profits during the life of the
partnership + share in the undistributed
surplus after its dissolution
Profit excess of returns over expenditure
Surplus assets of the partnership after
debts and liabilities are paid
Not a debt due from partnership
,test j:rispr:dence
Carandang v. de Guzman, G.R. No. 160347 (2006)
spouses who purchases stock subscriptions could
separately bring an action for the recovery thereof
Navarro v. Escobido, G.R. No. 153788 (2009)
Glenn and Karen Go are effectively coowners of
Kargo Enterprises and the properties registered
under this name; hence, both have an equal right to
seek possession of these properties.

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