1-A Intro Continuation

8/16/2019 1-A Intro Continuation

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Art. 1775.

Associations and societies, whose articlesare kept secret among the members, andwherein any one of the members maycontract in his own name with thirdpersons, shall have no juridical personality,and shall be governed by the provisions

relating to co-ownership. (1669)


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Classification

1. AS to extent of its subject matterUniversal Partnership

Particular Partnership

2. As to Liability of Partners

General PartnershipLimited Partnership


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3. As to DurationPartnership at will

Partnership with a fixed term

4. As to legality of its existence

De JureDe facto


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5. As to representation to othersOrdinary or real

Ostensible partnership or partnership byEstoppel

6. As to PublicitySecretOpen or notorious


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7. As to purposeCommercial or Trading

Professional or non-trading


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Art. 1776. As to its object, a partnership iseither universal or particular. As regards theliability of the partners, a partnership maybe general or limited. (1671a)


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Art. 1777. A universal partnership may referto all the present property or to all theprofits. (1672)


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Art. 1778. A partnership of all presentproperty is that in which the partnerscontribute all the property which actuallybelongs to them to a common fund, withthe intention of dividing the same amongthemselves, as well as all the profits which

they may acquire therewith. (1673)


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Art. 1779. In a universal partnership of allpresent property, the property whichbelongs to each of the partners at the timeof the constitution of the partnership,becomes the common property of all thepartners, as well as all the profits which

they may acquire therewith.


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A stipulation for the common enjoyment ofany other profits may also be made; but theproperty which the partners may acquiresubsequently by inheritance, legacy, ordonation cannot be included in suchstipulation, except the fruits thereof.

(1674a)


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Art. 1780. A universal partnership of profitscomprises all that the partners may acquireby their industry or work during theexistence of the partnership. Movable or immovable property whicheach of the partners may possess at thetime of the celebration of the contract shallcontinue to pertain exclusively to each,only the usufruct passing to thepartnership. (1675)


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Art. 1781. Articles of universal partnership,entered into without specification of itsnature, only constitute a universalpartnership of profits. (1676)


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Art. 1782. Persons who are prohibited fromgiving each other any donation oradvantage cannot enter into universalpartnership. (1677)


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Persons Prohibited from

giving donationsArt. 87. Donations between spouses duringmarriage is void, except moderate gifts onoccasion of family rejoicing.Also applies to those living together ashusband and wife without a valid marriage.


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Art. 739. The following donations are void:A. Those made between persons who areguilty of adultery or concubinage at the timeof donation;B. Those made between persons found guiltyof the same criminal offense, in consideration

thereof;C. Those made to a public officer or his wife,descendants and ascendants, by reason of hisoffice.


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Art. 1783. A particular partnership has forits object determinate things, their use orfruits, or specific undertaking, or theexercise of a profession or vocation. (1678)


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Documents

1-A Intro Continuation