10. Obligations Flashcards

1
Q

Obligations of partners

A
  1. Capital contribution
  2. Obligations with respect to property contribution
  3. Obligations with respect to money contribution
  4. Obligations with respect to amount appropriated
  5. Obligation to contribute additional capital
  6. Obligation of a partner who has received his share of partnership credit
  7. Obligation to pay damages to partnership
  8. Obligation to bear risk for the property contributed
  9. Obligation to render information
  10. Obligation to account
  11. Liability of the newly-admitted partner to the obligation of the partnership
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2
Q

Obligation as to the contribution of capital

A
  1. Equally
  2. Unless stipulated in the contrary
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3
Q

Obligation with respect to the contribution of property

A
  1. To deliver to the partnership at the time it was promised to contribute
  2. To take care of the property before its delivery with a diligence of a good father of a family as a rule
  3. To be liable to the damages incase of default
  4. To answer for eviction incase of the partnership is deprived of the specific or determinate thing contributed
  5. To be liable to the fruit of the things from the time they should have been delivered without any demand
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4
Q

Obligations with the respect of contribution of money

A
  1. To deliver the money at the time it was promised to deliver
  2. To pay for the interest on the amount he had promised to contribute from the time he should have complied with the obligation
  3. To pay damages suffered by the partnership by the reason of default
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5
Q

Obligation with respect to amount appropriated

A
  1. To reimburse to the partnership the amount that has been taken from the partnership coffers
  2. To pay interest on the amount he had converted for his own use from the time of conversion
  3. To pay damages suffered by the partnership by reason of the conversion
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6
Q

Obligation to contribute additional capital

A
  1. To contribute additional capital incase of imminent loss of the partnership except to the industrial partner or if there’s stipulation
  2. To sell his interest to the other partners if he refuses to contribute such capital.
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7
Q

The partnership shall bear the risk of the following contributions of Partners

A
  1. Fungible things
  2. Things contributed to be sold
  3. Things brought and appraised in the inventory unless there’s a stipulation
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8
Q

Obligation to render information to

A
  1. Any partner
  2. Legal representative of deceased person
  3. Legal representative of any partner under legal disability
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9
Q

Obligations of the partnership to the partners

A
  1. To pay any amounts he may have disbursed for the partnership with interest from the time the expenses were made
  2. To pay for the obligations which a partner may have contracted in good faith in the interest of the partnership business
  3. To answer for risks in consequences of its management
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10
Q

Obligations of partnership for wrongful acts of partner/s

A
  1. For loss or injury caused to a third person or any penalty is incurred by reason of the wrongful act or omission of any partner acting in the ordinary course of the business or with authority if co-partners
  2. Where one partner acting within the scope of his apparent authority receives money or property of a third person and misapplies it.
  3. Where the partnership in the course of the business receives money or property of the third person and such money or property is misapplied by any partner while it is in the custody of the partnership
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