Philippine Bar review · Question

Practice question: Rules to Determine Existence of a Partnership

Multiple Choice Hard

Practice question

Two heirs inherit a building and merely lease it as co-owners, dividing the rent. They make no agreement to contribute money, property or industry to a partnership common fund, and no other facts establish partnership or holding out. A claimant relies solely on co-ownership and divided rental receipts to insist they formed a partnership. Which conclusion is best?
  1. Inheritance automatically creates partnership.
  2. Dividing any receipt conclusively creates partnership.
  3. All heirs are partners in every inherited asset.
  4. The stated facts do not establish partnership merely from co-ownership and shared returns; the relevant contractual elements must be proven.
  5. They are necessarily a registered corporation.

Legal references

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

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