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Philippine Bar review · Question

Practice question: Rules to Determine Existence of a Partnership

Multiple Choice Medium

Practice question

A seller receives profit-linked installments as the genuine purchase price of equipment sold to a business. No other partnership facts are shown. Does Article 1769 require the profit-receipt inference solely because the payment comes from profits?
  1. Yes, every seller becomes a partner
  2. No; the exception covers consideration for sale of goodwill or other property, by installments or otherwise.
  3. Yes, equipment can never be sold
  4. Yes, all installments are capital contributions
  5. No, because partnerships can never own equipment

Legal references

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

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