Property Transcribed

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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?

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