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    Article 1825 1827

    Uploaded by

    Clesea Lopez
    (1) When a person represents themselves as a partner or consents to being represented as a partner, they are liable as if they were an actual partner for any partnership debts incurred by those who gave credit based on that representation. (2) If a partnership liability results from the representation, the person is liable as an actual partner. If no partnership liability results, the person is liable proportionately with others who consented or separately if they alone consented. (3) The creditors of an actual partnership have priority over individual partner's creditors when seeking repayment from partnership property. Individual partner's creditors can still seek attachment and sale of that partner's share of partnership assets.

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    Article 1825 1827

    Uploaded by

    Clesea Lopez
    620 views13 pages
    (1) When a person represents themselves as a partner or consents to being represented as a partner, they are liable as if they were an actual partner for any partnership debts incurred by those who gave credit based on that representation. (2) If a partnership liability results from the representation, the person is liable as an actual partner. If no partnership liability results, the person is liable proportionately with others who consented or separately if they alone consented. (3) The creditors of an actual partnership have priority over individual partner's creditors when seeking repayment from partnership property. Individual partner's creditors can still seek attachment and sale of that partner's share of partnership assets.

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    article-1825-1827

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    (1) When a person represents themselves as a partner or consents to being represented as a partner, they are liable as if they were an actual partner for any partnership debts incurred by those who gave credit based on that representation. (2) If a partnership liability results from the representation, the person is liable as an actual partner. If no partnership liability results, the person is liable proportionately with others who consented or separately if they alone consented. (3) The creditors of an actual partnership have priority over individual partner's creditors when seeking repayment from partnership property. Individual partner's creditors can still seek attachment and sale of that partner's share of partnership assets.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    620 views13 pages

    Article 1825 1827

    Uploaded by

    Clesea Lopez
    (1) When a person represents themselves as a partner or consents to being represented as a partner, they are liable as if they were an actual partner for any partnership debts incurred by those who gave credit based on that representation. (2) If a partnership liability results from the representation, the person is liable as an actual partner. If no partnership liability results, the person is liable proportionately with others who consented or separately if they alone consented. (3) The creditors of an actual partnership have priority over individual partner's creditors when seeking repayment from partnership property. Individual partner's creditors can still seek attachment and sale of that partner's share of partnership assets.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 13

    ARTICLE 1825

    Article 1825
    2

    When a person, by words spoken or written or by conduct, represents himself,


    or consents to another representing him to anyone, as a partner in an existing
    partnership or with one or more persons not actual partners, he is liable to any
    such persons to whom such presentation has been made, who has, on the faith of
    such presentation, given credit to the actual or apparent partnership, and if he
    has made such presentation or consented to its being made in public manner he is
    liable to such person, whether the presentation has or has not been made or
    communicated to such personso giving credit by or with the knowledge of the
    apparent partner making the presentation or consenting to its being made:
    (1) When a partnership liability results, he is liable as though
    he were an actual member of the partnership;

    (2) When no partnership liability results, he is liable pro rata


    with the other persons, if any, so consenting to the contract or
    representation as to incur liability, otherwise separately.

    3
    Partners by estoppel ; partnership by estoppel
    4

    (1) Meaning and effect of estoppel - Estoppel is a bar which


    precludes a person from denying or asserting anything contrary to
    that which has been established as the truth by his own deed or
    representation, either express or implied.
    (2) When a person a partner by estoppel - a person not a partner may
    become a partner by estoppel, and thus be held liable to third persons
    as if he were a partner, when by words or by conduct he:

    (a) Directly represents himself to anyone as a partner in an existing


    partnership or in a non-existing partnership ( with one or more
    persons not actual partners); or

    (b) Indirectly represents himself by consenting to another


    representing him him as partner in an existing partnership or in a
    non-existing partnership.
    5
    6
    (3) When partnership liability result - if all the actual partners
    consented to the representation. The person becaomes an agent of
    the partnership.

    (4) When liability pro rata


    - when there is no existing partnership and all those represented
    as partners consented to the representation.
    -not all of the partners of an existing partnership consented to the
    representation.
    7 (5) When liability separate
    - when there is no existing partnership and not all but only some of those
    representedas partners consented to the representation.
    - none of the partners in an existing partnership consented to such
    representation.

    (6) Estoppel does not create partnership


    - liability is created only in favor of persons who on the faith or
    representation, gave credit to the actual or apparent partnership.
    ARTICLE 1826
    ARTICLE 1826
    A person admitted as a partner intoan existing partnership
    is liable for all the obligations of the partnership arising
    before his admission as though he had been partner when
    such obligations were incurred, except that his liability
    shall be satisfied only out of partnership property, unless
    there is a stipulation on the contrary.

    9
    Liability of incoming partner for existing obligations

    (1) Limitted to his share in partnership property for existing


    obligations

    (2) Extend to his separate property for subsequent obligations

    10
    ARTICLE 1827
    12
    ARTICLE 1827

    The creditors of the partnership shall be preferred to those of each


    partner as regards the partnership property. Without prejudice to
    this right, the private creditors of each partner may ask for the
    attachment and public sale of the share of the latter in the
    partnership assets. .
    Thank you!

    13

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