Philippine Bar review · Question

Practice question: Property Rights of Partners

Multiple Choice Hard

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?
  1. Any personal debt permits seizure of any firm asset
  2. The machine must be divided physically
  3. 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
  4. Every other partner becomes the creditor’s debtor
  5. 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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