Article 1790 & 1791

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ARTICLE 1790

Unless there is a stipulation to the contrary, the partners shall contribute equal shares to the capital of the partnership. (n)

The above provision is self explanatory. Kung wala silang agreement of their capital contribution, meaning, equal ang contribution nila. 

ARTICLE 1791

If there is no agreement to the contrary, in case f imminent loss of the business of partnership, any partners refuses to contribute an additional share to the capital, except an industrial partner, to save the venture shall be obliged to sell his interest to the other partners. (n) 

Ano ba ang ibig sabihin kapag sinabing imminent loss? Pa-bankrupt na 'yung business. Parang malapit na magsara dahil sa lugi.

In case of imminent loss of the partnership, hindi mandatory kay industrial partner to contribute additional share. Simply because, they already give the 100% of their industry. Sa case naman ni Capitalist partner, meron natural obligation sila na mag contribute ng additional shares to save the business. Unless Capitalist partner is insolvent or may agreement.

If the solvent Capitalist partner refuses to contribute, then they must sell their interest to the other partners na willing.


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