Philippine Bar review · Question

Practice question: Obligations of Partners to Third Persons

Multiple Choice Medium

Practice question

The partners agree internally that one partner will bear no Article 1816 liability. A third-party creditor did not consent to waive rights. Under Article 1817, does the stipulation defeat the creditor's statutory claim?
  1. No; the contrary stipulation is void against the creditor, though it may operate among partners.
  2. Yes, every private allocation binds every outsider.
  3. Yes, the creditor automatically becomes a party to the agreement.
  4. Yes, internal labels repeal the Civil Code.
  5. Yes, no partner can ever owe a creditor.

Legal references

  • Civil Code, Articles1786–1811 and1816–1824: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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