Philippine Bar review · Question

Practice question: Definition and Separate Juridical Personality

Multiple Choice Hard

Practice question

A valid ordinary partnership contributes no immovable property and is not a secret association. It fails to record its articles as required by the first paragraph of Article 1772. A partner argues that this failure alone necessarily erases the entity's separate personality. Which is correct?
  1. Every unrecorded arrangement has no personality regardless of the Code
  2. Article 1768 expressly preserves separate personality despite noncompliance with that paragraph
  3. Registration failure cures every unrelated invalidity
  4. The partnership automatically becomes a corporation
  5. Each creditor becomes a partner

Legal references

  • Civil Code, Articles1768 and1772: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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