SECTION 2 require an account from the date only of the last

Property Rights of a Partner account agreed to by all the partners. (n)

Article 1810. The property rights of a partner are:
- (1) His rights in specific partnership property; Article 1814. Without prejudice to the preferred rights
- (2) His interest in the partnership; and of partnership creditors under article 1827, on due
- (3) His right to participate in the management application to a competent court by any judgment
(n) creditor of a partner, the court which entered the
judgment, or any other court, may charge the interest
Article 1811. A partner is co-owner with his partners of the debtor partner with payment of the unsatisfied
of specific partnership property. The incidents of this amount of such judgment debt with interest thereon;
co-ownership are such that: and may then or later appoint a receiver of his share of
- (1) A partner, subject to the provisions of this the profits, and of any other money due or to fall due
Title and to any agreement between the to him in respect of the partnership, and make all other
partners, has an equal right with his partners orders, directions, accounts and inquiries which the
to possess specific partnership property for debtor partner might have made, or which the
partnership purposes; but he has no right to circumstances of the case may require.
possess such property for any other purpose The interest charged may be redeemed at any time
without the consent of his partners; before foreclosure, or in case of a sale being directed
- (2) A partner’s right in specific partnership by the court, may be purchased without thereby
property is not assignable except in causing a dissolution:
connection with the assignment of rights of all - (1) With separate property, by any one or
the partners in the same property; more of the partners; or
- (3) A partner’s right in specific partnership - (2) With partnership property, by any one or
property is not subject to attachment or more of the partners with the consent of all
execution, except on a claim against the the partners whose interests are not so
partnership. When partnership property is charged or sold.
attached for a partnership debt the partners, or Nothing in this Title shall be held to deprive a partner
any of them, or the representatives of a of his right, if any, under the exemption laws, as
deceased partner, cannot claim any right regards his interest in the partnership. (n)
under the homestead or exemption laws;
- (4) A partner’s right in specific partnership
property is not subject to legal support under SECTION 3
article 291. (n) Obligations of the Partners with Regard to Third
Persons
Article 1812. A partner’s interest in the partnership is Article 1815. Every partnership shall operate under a
his share of the profits and surplus. (n) firm name, which may or may not include the name of
one or more of the partners.
Article 1813. A conveyance by a partner of his whole Those who, not being members of the partnership,
interest in the partnership does not of itself dissolve the include their names in the firm name, shall be subject
partnership, or, as against the other partners in the to the liability of a partner. (n)
absence of agreement, entitle the assignee, during the
continuance of the partnership, to interfere in the Article 1816. All partners, including industrial ones,
management or administration of the partnership shall be liable pro rata with all their property and after
business or affairs, or to require any information or all the partnership assets have been exhausted, for the
account of partnership transactions, or to inspect the contracts which may be entered into in the name and
partnership books; but it merely entitles the assignee to for the account of the partnership, under its signature
receive in accordance with his contract the profits to and by a person authorized to act for the partnership.
which the assigning partner would otherwise be However, any partner may enter into a separate
entitled. However, in case of fraud in the management obligation to perform a partnership contract. (n)
of the partnership, the assignee may avail himself of Article 1817. Any stipulation against the liability laid
the usual remedies. down in the preceding article shall be void, except as
In case of a dissolution of the partnership, the assignee among the partners. (n)
is entitled to receive his assignor’s interest and may
Article 1818. Every partner is an agent of the whose name the title stands may convey title to such
partnership for the purpose of its business, and the act property, but the partnership may recover such
of every partner, including the execution in the property if the partners’ act does not bind the
partnership name of any instrument, for apparently partnership under the provisions of the first paragraph
carrying on in the usual way the business of the of article 1818, unless the purchaser or his assignee, is
partnership of which he is a member binds the a holder for value, without knowledge.
partnership, unless the partner so acting has in fact no Where the title to real property is in the name of one or
authority to act for the partnership in the particular more or all the partners, or in a third person in trust for
matter, and the person with whom he is dealing has the partnership, a conveyance executed by a partner in
knowledge of the fact that he has no such authority. the partnership name, or in his own name, passes the
An act of a partner which is not apparently for the equitable interest of the partnership, provided the act is
carrying on of business of the partnership in the usual one within the authority of the partner under the
way does not bind the partnership unless authorized by provisions of the first paragraph of article 1818.
the other partners.
Except when authorized by the other partners or unless Where the title to real property is in the name of all the
they have abandoned the business, one or more but partners a conveyance executed by all the partners
less than all the partners have no authority to: passes all their rights in such property. (n)
- (1) Assign the partnership property in trust for
creditors or on the assignee’s promise to pay Article 1820. An admission or representation made by
the debts of the partnership; any partner concerning partnership affairs within the
- (2) Dispose of the good-will of the business; scope of his authority in accordance with this Title is
- (3) Do any other act which would make it evidence against the partnership. (n)
impossible to carry on the ordinary business of
a partnership; Article 1821. Notice to any partner of any matter
- (4) Confess a judgment; relating to partnership affairs, and the knowledge of
- (5) Enter into a compromise concerning a the partner acting in the particular matter, acquired
partnership claim or liability; while a partner or then present to his mind, and the
- (6) Submit a partnership claim or liability to knowledge of any other partner who reasonably could
arbitration; and should have communicated it to the acting partner,
- (7) Renounce a claim of the partnership. operate as notice to or knowledge of the partnership,
No act of a partner in contravention of a restriction on except in the case of fraud on the partnership,
authority shall bind the partnership to persons having committed by or with the consent of that partner. (n)
knowledge of the restriction. (n)
Article 1822. Where, by any wrongful act or omission
Article 1819. Where title to real property is in the of any partner acting in the ordinary course of the
partnership name, any partner may convey title to such business of the partnership or with the authority of his
property by a conveyance executed in the partnership co-partners, loss or injury is caused to any person, not
name; but the partnership may recover such property being a partner in the partnership, or any penalty is
unless the partner’s act binds the partnership under the incurred, the partnership is liable therefor to the same
provisions of the first paragraph of article 1818, or extent as the partner so acting or omitting to act. (n)
unless such property has been conveyed by the grantee
or a person claiming through such grantee to a holder Article 1823. The partnership is bound to make good
for value without knowledge that the partner, in the loss:
making the conveyance, has exceeded his authority. - (1) Where one partner acting within the scope
Where title to real property is in the name of the of his apparent authority receives money or
partnership, a conveyance executed by a partner, in his property of a third person and misapplies it;
own name, passes the equitable interest of the and
partnership, provided the act is one within the - (2) Where the partnership in the course of its
authority of the partner under the provisions of the first business receives money or property of a third
paragraph of article 1818. person and the money or property so received
Where title to real property is in the name of one or is misapplied by any partner while it is in the
more but not all the partners, and the record does not custody of the partnership. (n)
disclose the right of the partnership, the partners in
Article 1824. All partners are liable solidarily with the
partnership for everything chargeable to the
partnership under articles 1822 and 1823. (n)
Article 1825. When a person, by words spoken or
written or by conduct, represents himself, or consents
to another representing him to anyone, as a partner in
an existing partnership or with one or more persons not
actual partners, he is liable to any such persons to
whom such representation has been made, who has, on
the faith of such representation, given credit to the
actual or apparent partnership, and if he has made such
representation or consented to its being made in a
public manner he is liable to such person, whether the
representation has or has not been made or
communicated to such person so giving credit by or
with the knowledge of the apparent partner making the
representation or consenting to its being made:
- (1) When a partnership liability results, he is
liable as though he were an actual member of
the partnership;
- (2) When no partnership liability results, he is
liable pro rata with the other persons, if any, so
consenting to the contract or representation as
to incur liability, otherwise separately.
When a person has been thus represented to be a
partner in an existing partnership, or with one or more
persons not actual partners, he is an agent of the
persons consenting to such representation to bind them
to the same extent and in the same manner as though
he were a partner in fact, with respect to persons who
rely upon the representation. When all the members of
the existing partnership consent to the representation, a
partnership act or obligation results; but in all other
cases it is the joint act or obligation of the person
acting and the persons consenting to the
representation. (n)

Article 1826. A person admitted as a partner into an

existing partnership is liable for all the obligations of
the partnership arising before his admission as though
he had been a partner when such obligations were
incurred, except that this liability shall be satisfied
only out of partnership property, unless there is a
stipulation to the contrary. (n)

Article 1827. The creditors of the partnership shall be

preferred to those of each partner as regards the
partnership property. Without prejudice to this right,
the private creditors of each partner may ask the
attachment and public sale of the share of the latter in
the partnership assets. (n)