Practice question
A judgment creditor of one partner seeks to seize that partner’s supposed individual fraction of the partnership’s machine for a purely personal debt. No partnership claim exists. Which is correct?
- Any personal debt permits seizure of any firm asset
- The machine must be divided physically
- Article 1811 protects specific partnership property from attachment for that personal claim; Article 1814 provides a court charging remedy against the debtor’s partnership interest
- Every other partner becomes the creditor’s debtor
- The creditor automatically becomes manager
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Articles 1810–1814
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