Philippine Bar review · Question

Practice question: Dissolution and Winding Up

Multiple Choice Hard

Practice question

After dissolution, a general partnership has PHP900,000 cash. It owes PHP300,000 to outside creditors, PHP200,000 on a documented partner loan distinct from capital, PHP300,000 for capital, and PHP100,000 for profits. No security, competing priority or contrary agreement applies. Which order governs settlement between partners under Article1839?
  1. Outside creditors, partner loan, capital, profits
  2. Profits, capital, partner loan, outside creditors
  3. Capital, profits, outside creditors, partner loan
  4. Partner loan, profits, capital, outside creditors
  5. All categories must share equally regardless of rank

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1830(4),1831 and1839.

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