Philippine Bar review · Question

Practice question: Partnership by Estoppel

Multiple Choice Hard

Practice question

Firm F has partners A and B. A and outsider P consent to representing P as a partner for a credit transaction, and the creditor relies on it. B neither consents nor independently authorizes or becomes bound on another ground. Which Article 1825 distinction is correct?
  1. B is automatically bound solely because A consented
  2. Every holding out necessarily creates a firm obligation
  3. Absent all-partner consent and any other basis, the article’s final clause distinguishes the obligation of the acting and consenting persons from a partnership act.
  4. P is necessarily an actual partner among A and B
  5. The creditor’s reliance becomes irrelevant

Legal references

  • Civil Code, RA 386, Articles 1769 and 1825: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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