Q&A ARTICLE 1767

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1. Is there a partnership formed between Kathryn and Daniel?

Yes. They meet the definition stated in the first paragraph of the Article 1767.

2. Is there a partnership formed between Nadine and James?

Yes.  The partnership formed by Nadine and James best describes the second paragraph of the same article. It is also called 'General Professional Partnership'.

3. Is there a partnership formed between Kathryn and Nadine?

None. The agreement is between KATHNIEL and JADINE and not the other way around.

  4. Can KATHNIEL and JADINE form a partnership?

JADINE and KATHNIEL cannot form a partnership. Also note that in the first paragraph of Article 1767, two or more persons; the 'persons' in that sentence is NATURAL PERSON (individual human being). Meaning, One juridical and one natural person cannot form a partnership. KATHNIEL and JADINE cannot form a partnership because they are both juridical person.

NATURAL PERSON- a living; breathing human being.  Ito 'yung mga buhay na tao.  
JURIDICAL PERSON- a non-human , in other words any organization that is not a single natural person  but is authorized by law  with duties and rights and is recognized as a legal person  and as having a distinct identity.  Ito 'yung tao sa mata ng batas ng tao.  

The Law on PartnershipsTahanan ng mga kuwento. Tumuklas ngayon