Philippine Bar review · Question

Practice question: Rules to Determine Existence of a Partnership

Multiple Choice Medium

Practice question

A lender receives interest whose amount varies with the borrower's business profits. The transaction is a genuine loan, and no other facts establish partnership. How does Article 1769 treat the profit-linked interest?
  1. As conclusive proof of a partnership.
  2. As automatic ownership of the borrower.
  3. As an express exception to the profit-receipt inference, even though the interest varies with profits.
  4. As a legally impossible payment in every case.
  5. As automatic incorporation.

Legal references

  • Civil Code, RA 386, Articles 1767 and 1769, https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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