Philippine Bar review · Question

Practice question: Rules to Determine Existence of a Partnership

Multiple Choice Medium

Practice question

A deceased partner’s widow receives a genuine annuity measured by business profits. No contribution agreement, holding out or other partnership evidence exists. A creditor relies solely on the annuity. Which is correct?
  1. The annuity falls within the express Article 1769 exception to the profit-receipt inference.
  2. Every widow automatically becomes a partner
  3. The payment conclusively creates partnership liability
  4. The annuity makes all family members partners
  5. The source of the payment never matters

Legal references

  • Civil Code, RA 386, Articles 1767-1775: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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