SECTION 2: Property Rights of a Partner fall due to him in respect of the partnership, and make all

other orders, directions, accounts and inquiries which the

Article 1810. The property rights of a partner are: (1) His debtor partner might have made, or which the
rights in specific partnership property; (2) His interest in the circumstances of the case may require.
partnership; and (3) His right to participate in the
management (n) The interest charged may be redeemed at any time before
foreclosure, or in case of a sale being directed by the court,
Article 1811. A partner is co-owner with his partners of may be purchased without thereby causing a dissolution:
specific partnership property. The incidents of this
coownership are such that: (1) With separate property, by any one or more of the
partners; or
(1) A partner, subject to the provisions of this Title and
to any agreement between the partners, has an equal right (2) With partnership property, by any one or more of
with his partners to possess specific partnership property the partners with the consent of all the partners whose
for partnership purposes; but he has no right to possess interests are not so charged or sold. Nothing in this Title
such property for any other purpose without the consent of shall be held to deprive a partner of his right, if any, under
his partners; the exemption laws, as regards his interest in the
partnership. (n)
(2) A partner's right in specific partnership property is
not assignable except in connection with the assignment of SECTION 3 Obligations of the Partners with Regard to Third
rights of all the partners in the same property; Persons

(3) A partner's right in specific partnership property is Article 1815. Every partnership shall operate under a firm
not subject to attachment or execution, except on a claim name, which may or may not include the name of one or
against the partnership. When partnership property is more of the partners. Those who, not being members of the
attached for a partnership debt the partners, or any of partnership, include their names in the firm name, shall be
them, or the representatives of a deceased partner, cannot subject to the liability of a partner. (n)
claim any right under the homestead or exemption laws;
Article 1816. All partners, including industrial ones, shall be
(4) A partner's right in specific partnership property is liable pro rata with all their property and after all the
not subject to legal support under article 291. (n) partnership assets have been exhausted, for the contracts
which may be entered into in the name and for the account
Article 1812. A partner's interest in the partnership is his of the partnership, under its signature and by a person
share of the profits and surplus. (n) authorized to act for the partnership. However, any partner
Article 1813. A conveyance by a partner of his whole may enter into a separate obligation to perform a
interest in the partnership does not of itself dissolve the partnership contract. (n)
partnership, or, as against the other partners in the absence
Article 1817. Any stipulation against the liability laid down
of agreement, entitle the assignee, during the continuance
in the preceding article shall be void, except as among the
of the partnership, to interfere in the management or
partners. (n)
administration of the partnership business or affairs, or to
require any information or account of partnership Article 1818. Every partner is an agent of the partnership for
transactions, or to inspect the partnership books; but it the purpose of its business, and the act of every partner,
merely entitles the assignee to receive in accordance with including the execution in the partnership name of any
his contract the profits to which the assigning partner would instrument, for apparently carrying on in the usual way the
otherwise be entitled. However, in case of fraud in the business of the partnership of which he is a member binds
management of the partnership, the assignee may avail the partnership, unless the partner so acting has in fact no
himself of the usual remedies. authority to act for the partnership in the particular matter,
and the person with whom he is dealing has knowledge of
In case of a dissolution of the partnership, the assignee is
the fact that he has no such authority.
entitled to receive his assignor's interest and may require an
account from the date only of the last account agreed to by An act of a partner which is not apparently for the carrying
all the partners. (n) on of business of the partnership in the usual way does not
bind the partnership unless authorized by the other
Article 1814. Without prejudice to the preferred rights of
partners.
partnership creditors under article 1827, on due application
to a competent court by any judgment creditor of a partner, Except when authorized by the other partners or unless
the court which entered the judgment, or any other court, they have abandoned the business, one or more but less
may charge the interest of the debtor partner with payment than all the partners have no authority to:
of the unsatisfied amount of such judgment debt with
interest thereon; and may then or later appoint a receiver (1) Assign the partnership property in trust for creditors or
of his share of the profits, and of any other money due or to on the assignee's promise to pay the debts of the
partnership; Article 1821. Notice to any partner of any matter relating to
partnership affairs, and the knowledge of the partner acting
(2) Dispose of the good-will of the business; in the particular matter, acquired while a partner or then
(3) Do any other act which would make it impossible to present to his mind, and the knowledge of any other
carry on the ordinary business of a partnership; partner who reasonably could and should have
communicated it to the acting partner, operate as notice to
(4) Confess a judgment; or knowledge of the partnership, except in the case of fraud
on the partnership, committed by or with the consent of
(5) Enter into a compromise concerning a partnership claim
that partner. (n)
or liability;
Article 1822. Where, by any wrongful act or omission of any
(6) Submit a partnership claim or liability to arbitration;
partner acting in the ordinary course of the business of the
(7) Renounce a claim of the partnership. partnership or with the authority of his co-partners, loss or
injury is caused to any person, not being a partner in the
No act of a partner in contravention of a restriction on partnership, or any penalty is incurred, the partnership is
authority shall bind the partnership to persons having liable therefor to the same extent as the partner so acting
knowledge of the restriction. (n) or omitting to act. (n)
Article 1819. Where title to real property is in the Article 1823. The partnership is bound to make good the
partnership name, any partner may convey title to such loss:
property by a conveyance executed in the partnership
name; but the partnership may recover such property (1) Where one partner acting within the scope of his
unless the partner's act binds the partnership under the apparent authority receives money or property of a third
provisions of the first paragraph of article 1818, or unless person and misapplies it; and
such property has been conveyed by the grantee or a
(2) Where the partnership in the course of its business
person claiming through such grantee to a holder for value
receives money or property of a third person and the
without knowledge that the partner, in making the
money or property so received is misapplied by any partner
conveyance, has exceeded his authority.
while it is in the custody of the partnership. (n)
Where title to real property is in the name of the
Article 1824. All partners are liable solidarily with the
partnership, a conveyance executed by a partner, in his own
partnership for everything chargeable to the partnership
name, passes the equitable interest of the partnership,
under articles 1822 and 1823. (n)
provided the act is one within the authority of the partner
under the provisions of the first paragraph of article 1818. Article 1825. When a person, by words spoken or written or
Where title to real property is in the name of one or more by conduct, represents himself, or consents to another
but not all the partners, and the record does not disclose representing him to anyone, as a partner in an existing
the right of the partnership, the partners in whose name partnership or with one or more persons not actual
the title stands may convey title to such property, but the partners, he is liable to any such persons to whom such
partnership may recover such property if the partners' act representation has been made, who has, on the faith of
does not bind the partnership under the provisions of the such representation, given credit to the actual or apparent
first paragraph of article 1818, unless the purchaser or his partnership, and if he has made such representation or
assignee, is a holder for value, without knowledge. consented to its being made in a public manner he is liable
to such person, whether the representation has or has not
Where the title to real property is in the name of one or
been made or communicated to such person so giving credit
more or all the partners, or in a third person in trust for the
by or with the knowledge of the apparent
partnership, a conveyance executed by a partner in the
partner making the representation or consenting to its
partnership name, or in his own name, passes the equitable
being made:
interest of the partnership, provided the act is one within
the authority of the partner under the provisions of the first (1) When a partnership liability results, he is liable as
paragraph of article 1818. though he were an actual member of the partnership;
Where the title to real property is in the name of all the (2) When no partnership liability results, he is liable
partners a conveyance executed by all the partners passes pro rata with the other persons, if any, so consenting to the
all their rights in such property. (n) contract or representation as to incur liability, otherwise
Article 1820. An admission or representation made by any separately.
partner concerning partnership affairs within the scope of When a person has been thus represented to be a partner in
his authority in accordance with this Title is evidence an existing partnership, or with one or more persons not
against the partnership. (n) actual partners, he is an agent of the persons consenting to
such representation to bind them to the same extent and in
the same manner as though he were a partner in fact, with
respect to persons who rely upon the representation. When
all the members of the existing partnership consent to the
representation, a partnership act or obligation results; but
in all other cases it is the joint act or obligation of the
person acting and the persons consenting to the
representation. (n) Article 1826. A person admitted as a
partner into an existing partnership is liable for all the
obligations of the partnership arising before his admission
as though he had been a partner when such obligations
were incurred, except that this liability shall be satisfied only
out of partnership property, unless there is a stipulation to
the contrary. (n)

Article 1827. The creditors of the partnership shall be

preferred to those of each partner as regards the
partnership property. Without prejudice to this right, the
private creditors of each partner may ask the attachment
and public sale of the share of the latter in the partnership
assets. (n)