1) A partnership is formed by contract where two or more people agree to contribute money, property, or skills to a common fund and share profits.
2) For a partnership contract to exist, there must be agreement to contribute to a common fund and to divide any profits.
3) Partnership always arises from a contract, whether explicit or implied, and requires mutual consent between the partners.
1) A partnership is formed by contract where two or more people agree to contribute money, property, or skills to a common fund and share profits.
2) For a partnership contract to exist, there must be agreement to contribute to a common fund and to divide any profits.
3) Partnership always arises from a contract, whether explicit or implied, and requires mutual consent between the partners.
1) A partnership is formed by contract where two or more people agree to contribute money, property, or skills to a common fund and share profits.
2) For a partnership contract to exist, there must be agreement to contribute to a common fund and to divide any profits.
3) Partnership always arises from a contract, whether explicit or implied, and requires mutual consent between the partners.
1) A partnership is formed by contract where two or more people agree to contribute money, property, or skills to a common fund and share profits.
2) For a partnership contract to exist, there must be agreement to contribute to a common fund and to divide any profits.
3) Partnership always arises from a contract, whether explicit or implied, and requires mutual consent between the partners.
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Atty. Rabuya: What is partnership?
Ate: By contract of partnership, two or Ate: yes sir
more person bind themselves to contribute money, property, or industry with the Atty. Rabuya: ok. What are the intention of dividing the profits among characteristics of the contract of themselves. partnership?
Atty. Rabuya: For a contract of partnership Ate: It must be consensual
exist, what are the requirements? Ate: (1) agreement to contribute to a Atty. Rabuya: Consensual? What does that common fund; (2) agreement to divide the mean? profit. Both must concur otherwise there is Ate: that there must be meeting of the no contract of partnership. minds between/among those who contributed money, property, or industry. Atty. Rabuya: Is partnership always by reason of contract? Atty. Rabuya: teka, pag sinabi kasi nating Ate: Yes. Considering that a contract of contract there is always meeting of mind, partnership ok? But pag sinabi nating consensual what does that mean? Isn’t it that consensual is Atty. Rabuya: May it possible for a from the point of view of perfection of partnership to exist in the absence of contract? agreement in the absence of consent with Ate: ahh yes sir. the two requirements mentioned above? Ate: No. because it is a consensual contract. Atty. Rabuya: Alright, so explain the contract of partnership from the point of Atty. Rabuya: is there partnership by reason view of its perfection. How does it come to of other sources other than contract? existence? Ate: Yes. Partnership by estoppel. Ate: sir it comes into existence when those two or more person contribute Atty. Rabuya: Explain to us what is that money, property, or industry to a common Partnership by estoppel? fund. A: Atty. Rabuya: Pinag aralan natin there are Atty. Rabuya: Does the concept of two ways in giving birth to a contract partnership by estoppel presupposes the existence of a partnership? Or pwede ba tayo magkaroon ng partnership by estoppel even in the absence of partnership and lahat sila will be partners by estoppel, pwede bang ganun?
Ate: No sir. There must be a partnership in
the first place.
Atty. Rabuya: So that concept also
presupposes the existence of a partnership?
Ate: yes sir.
Atty. Rabuya: and it is only a person who
may become a partner of an existence partnership by estoppel? Parang ganon?
Ate: opo
Atty. Rabuya: Hindi tayo pwede magkaroon
ng partnership na the partnership will be created not by reason of contract?