Q&A ARTCILE 1769

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1. Is there a partnership formed between Rj and Ralph? Explain.

None. According to Article 1769 second paragraph, co-owners or co-possession does not of itself establish a partnership, whether such co-owners or co-possessors do or do not share any profits made by the use of property.

Sa case nila Rj at Ralph, co-owners lamang sila. Dahil ang pag gain nila ng profit ay incident to its existence lamang.

3. Is there a partnership formed between Kathryn and Nadine? Considering Nadine chooses the 20% profit she will receive every referral she have?

None. According to Article 1769 third paragraph, the sharing of gross returns does not of itself establish a partnership, whether or not the person sharing them have a joint or common right or interest in any property from which the returns are derived.

4. Is the newly hired cook of KATHNIEL considered as a partner? Considering the work or industry of the newly hired as the contribution to the partners?

The newly hired cook is not considered as a partner of KATHNIEL. The sum of money received is considered as payment of wage of an employment. Please see Article 1769 fourth paragraph.

5. Is Liza will be considered as a partner? Can you say that she will become capitalist partner if ever she will grant the financial needed by the partners with the consent of the partners?

Liza will not be considered as a partner. If ever she will grant the financial needed of the partners, she will become the creditor of the partnership.

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