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AllBar 2024COMMERCIAL AND TAXATION LAWSII. PARTNERSHIPB. Obligations of Partners Among Themselves (Civil Code, arts. 1784-1809)

Question

II. PARTNERSHIP

B. Obligations of Partners Among Themselves (Civil Code, arts. 1784-1809)

Question:

Alfredo and Benito entered into a partnership agreement to run a restaurant business. However, they encountered conflicts and disagreements regarding their obligations as partners. Analyze the following scenarios and determine the appropriate legal action or remedy based on the obligations of partners among themselves.

  1. Alfredo, without the consent of Benito, made unauthorized withdrawals from the partnership's bank account for personal use. Benito discovered these transactions when reviewing the bank statements. What legal action can Benito take against Alfredo?
  2. Alfredo and Benito agreed that they would contribute an equal amount of capital to the partnership. However, Alfredo failed to fulfill his obligation and did not contribute his share. What remedies are available to Benito in this situation?
  3. Alfredo and Benito have equal authority to make decisions and enter into contracts on behalf of the partnership. However, Alfredo entered into a contract with a supplier without informing Benito. The supplier is demanding payment from the partnership. What legal action can Benito take against Alfredo?
  4. Alfredo, as a partner, has been misappropriating the profits of the partnership for his personal use. Benito learned about this misconduct and wants to put an end to it. What remedies are available to Benito to address this issue?

Note: Ensure that your answers are based on the obligations of partners among themselves as provided in Articles 1784-1809 of the Civil Code.




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