Philippine Bar review · Question

Practice question: Partnership by Estoppel

Multiple Choice Medium

Practice question

Mara is falsely described privately as a partner without her knowledge or consent. She never represented herself as one. A lender invokes Article 1825 solely from that unauthorized description. Which is correct?
  1. Every unauthorized description binds its subject
  2. The lender can create consent unilaterally
  3. Silence before knowledge always proves consent
  4. Actual partnership must be presumed in every case
  5. The stated facts do not establish Mara’s own representation or consent required by Article 1825

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Articles 1769(1) and 1825

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