Parrnenseap hig tio sete eay : dered = with (@) thei sepa " te ol same Y With ¢ "Perty. on ° je oacede cotsent all wee eats are not charged oy soe a) pF ynteres| rT, the above Temedies 2 oo is Deere Tights of Partnergh® Withou 5 woe Be Claims of ce! 07. diye * Prejy. P Credttone ership “editors ust et a ore the at editors of the debtor i neg between, i \ecounts mane ae x Ea : rules shall re observeg, Subje, im i followin contrary: to wm ent 1? May issohy. “t t0 any I Settling accounts between the att. dea the fot mg ye oer aes di any agreement ig he Contrary. Boxee ee bse a ership property ang the j When partne artners ee end pers eae pein creditors, stat have we er a aurea roperty so so ori seilidual property saving the eee rs Of tien op tortured creditors. 1 sec sion of g ligations of the Partners Se Rage to Third w Persons ite under partnership shall operat 1815. ee OF may not include the Ait saiiel name ers, a firm Se more of the partn be ie «ditors of the partnership shall be pre aja The cre¢ 1927. ask hip prop- e partners this Hdl Te oda craton ea jefe ba blic sale of the share o se those saat Sar a 7 cle 1862 wt aceon sia roe r. Seater the part prea the “rot rah to regardParwensiir. AGENCY aay 7, Sty Those who, not being membe, include their names in the firm nc,°! the to the lability of a partner. (n)""°- sha Source: This is a new provisio; ” taken, Sro of the Code of Commerce. COMMENT: Use Of Firm Name Required ry. every partnership shall operate under 9!*W requ, firm name is necessary to distinguigh Titra, from other partnerships and entities, 1p hin Page. th to distinguish the legal personality of the ls Yet the distinct personality of the individual DeattMergy meng (Ub A fomy Ph i ing it The firm name must be registered with “et eB, Trade for regulation purposes, Meaning Of Firm.—In its common te Np term “firm” implies a partnership of two 4. °Ptatig who bind themselves to contribute mong, Mr pr thy industry to a common fund, with the intentioe Peng, the profits among themselves. It may also oe of ay NY o the exercise of a profession or vocation (Art, 176: formed The word “firm” is also used to refer tg am ‘oy style or title under which the company of conde” Mang tray’ s. acts its business. Name/s Of Partner/s Need Not Be Include, ie ioe Prarie, (te Baie OP a BP ed gna, included in the firm name. Under Article 196 Sr not my required that at least i the Coa of Commerce, it we 4 partner should have his name included in the a Benen general partnership with the words “and company ‘ame ofa not all the partners’ names are included. \y" in caseners and the 00 their goods, Subsequent pao ange {0 “Sharruf an Phe fe hn ss ‘oumed, but the tDsurange «eet Te me oS, maste me ee han 4 ty having to Sonal TR ba have Insurable tere ne ay ner Pe sor ey the mee bun ce reed das a Man he Pea cae an ® Meginning the Plain had been 8 tn at OO the firm name of wre ead nan ustmnereblp 00 August partnership CY thay of parmereot to “Shari & Eskinazt mnt ee erahiel ta weston remain Unchanger. eS only members of the formes, soi? pl and Eos Esker, bag men the sift and Elias Esk Patho and tidoee oa ay change the Wie partnership there, the intention of ube Se ibe era thea Insurance comp Sauttice. under the abovecie Acetrine, the pa on nts tothe plan yea aoe id defendant Pl vitae se ee ea ae he es : Of Non-Members Who tnetude OF Altoweg ae Thaieitmest nee Firm Name orale or elewel Use of their 1 vot’ hatte’ the’ righia"eh partn re rd pera ett notes, a fable 10 0 oppel, They become “pares by ewoy fre under gi eerie Chung Cang vs. Pati i rae es ENB ELE SE Phil. 803). Th 45 Phil. 142: Co. making them liable is to protectin in mal law the person EL fg CO ag * tnsuranee ine? doing “Sharutt (9 0b nd upon, Executing ia 1e3s, met ir names or representation, ied on thei 5 who rel ames in eS but they are 'S Partners, They Commercial he purpose of imocent thirdsur, AGENCY AND, 116 PARTNER’ 4X0 Trusty employment Of Fictitious Name employed @ fictitious gy» Te has tha oa its real one, does not ate, atte ouneracts_othermise validly entered inty (3° mae Name sec. 15 P15 Sterull and'Ce, yy 8 thy nsurance Co. 64 Phil. 258) =e isteading Names Cannot Be Useq * may be allowed registration by the No ee ‘Commission if the proposed name et rity deceptively OF confusingly similar to that of ide * corporation or to any other = already prota we or is patently deceptive, co using or cont cteg we i ra ‘a change of name in the UY laws. When chans the corporate Sx approved. fhe Commission shall issue an Si tate of incorporation under the amended Menge Code). San) Corporation ; Use of Deceased Partner's Name In ray, i the choice of a firm name, no false, misleading Finn, i frame shall be used: The continued use of ther sy, %y agced partner iS permissible Provided ate cSt eteates in all its communications that gaiq\ the qa deceased (Rule 3.02, CPR). This is the new ryje, P&P, Prior to the promulgation of Rule 8.02. op, Matter of the Petition for Authority To Continue = ay the Firm name “Ozacta, Romulo, ete." (2 Soma)" Use held— it inasmuch as “Syeip. Salazar, Fel ae ‘and Castillo” and “Ozaeta, Romuls 2 Res Mabanta and Reyes" are partnerships, the ig U0. ership names of the names of deceased penne parran counter to Article 1815 of the Civil Gone MS Tris clearly tacit in the above provision that nag ‘tam name of a partnership must either be qo’ ® Iving partners and, in the case of non-pantse” vould be living persons who can be subjected ge ability. Infact, Article 1825 of the CWvil Code pony f third person from including his name in the he rhame under pain of assuming the liability of a par”PagrNensiap u7 ov ce STI me 2 Tie held Mae ory where they an oe creat ome Mam parla, ee Ny at notary core Bao anons of Professional Etnice ae, Guan agement he Ya ew “ie fr ete fom the future es of such division are not lawyers and be sent, payments vill Nt TEPresen Service oc = WY cow nor the heirs can be held Table ty vonscor. Mere being no benetts accruing, pe no ‘corresponding liability.” 2 ere cles Dealing On Firm f ore a pn provide rules on firm Bee Sih 40, last paragraph—The use Me continuing the business of ieee ers gane of a deceased partner as part then L he figelf make the individual property of ‘the a pot er liable for any debts contracted by bret soon of FI yg46—The surname of a limited partn appear im the partnership name unless: ee fa). also the sumame of a limited partner of ‘i {oy Prior to the time when the limited partner 7 such, the business had been carried he ‘a name iN which his surname appeared, = A limited partner whose surname a a panes lable as a general partner to partnershy pare extend credit to the partnership without el Fowledge that he is not a general partner; acinty) art. 1816—All_ partners, including industria set shall be Hable pro rata with all their property and one athe partnership assets have been exhausted, forq 118 Parrwersir, AGENCY ano Try STs ch may be entered int partnership. under 1 te nen, fact for the paring’? Partners mersh ete a a the contracts whi account of the the a person authorized ay enter into a y separate opi! 12% n Hop, any partner ™: ay a partnership contract, and; (a) Art. 1819. first paragraph we Where a” = tle property is in the partnership name, a Drobey title to such property PY a Sr OEY pat to fhe partnership name: but the Pas ey aE GA such property unless the partner's act ee meet al Ship under the provisions Bf the frst paen[® the 7 apie, or unless such Property hae ee aeraph Peet Bor a person claiming through B convene An without knowledge that a has exceeded his an “a te lority, et, & IN “partnership”. Tan vs. Garcia, et al. CA-G.R. No. 4807-R March 1, 1976 Held: front Garci> own testimony, it that she and Serafin Tan fad A DOSES array Pear = Thodusoperci rangement Then, taining textile ABN Gare, i Whatever et would Beqeee es Coe ne exe woud be ded by dee Garcia and the appellant. defen. However, this ‘arrangement even if tru pe considered partnership in any sense of Gana The reason is that no documentary evidence ee presented to,establish, the existence of an unre; S been ership,]No books of account, or a ime thereof as any business license or record was pr - ted:PARTNERSHIP hig ved that @ partnershi ait Dye any book any single written account n 7 ine um concerning it (Packila EgeeoeRn 0 vo am GERO™ i tris supposed unregistered partner: a eto nae 5 had ever intended to or, ganize a (ape) pas Would have Eee aap ship esfrejuridical personali : oe ETN penalty toe pu seinen TAaRSTIACt From that of each a? Cn erp which 1S essential ina partnershi og Ta ge) 5 DosTENe tadleation that iy TM, Code) TS POSTE Tadleaton- that {Ratisco Brot ees —ytarino- Olen No. 17616-R, August re anything mentioned reganting the oe) 3.19% >is tne so), ses sould there be at nth ay gepeias 10 is termination or_di “gente ie exister io room ated stence of partner- iP ‘all partners, including indus nits i ernanechetn par “spall PP ie partnership assets have been ex- ee contracts which may be entered into gels If for the account ofthe partnership, under at a BY 8 person authorized to act for the s ie owever, any partner may enter into a ye ~ppiigation t© perform a partnership contract. @ his is taken from Article 1698 of i the ie Be Se ol oe iyte Uniform Partnership Act : on se * aity of Partnership And Partners For Part se ontracts —To enforce the liability of the part- qeotio Oirership debls and obligations. the action ine poth against the partnership and the 103 te fl gd be