Question
Explain the Following article (own words) article 1784 - A partnership begins from the moment of the execution of the contract, unless it is otherwise
Explain the Following article (own words)
article 1784- A partnership begins from the moment of the execution of the contract, unless it is otherwise stipulated. (1679)
article 1785- When a partnership for a fixed term or particular undertaking is continued after the
termination of such term or particular undertaking without any express agreement, the rights and
duties of the partners remain the same as they were at such termination, so far as is consistent
with a partnership at will.
A continuation of the business by the partners or such of them as habitually acted therein during
the term, without any settlement or liquidation of the partnership affairs, is prima facie evidence
of a continuation of the partnership
article1786- Every partner is a debtor of the partnership for whatever he may have promised to
contribute thereto.
He shall also be bound for warranty in case of eviction with regard to specific and determinate
things which he may have contributed to the partnership, in the same cases and in the same
manner as the vendor is bound with respect to the vendee. He shall also be liable for the fruits
thereof from the time they should have been delivered, without the need of any demand. (1681a)
article 1787- When the capital or a part thereof which a partner is bound to contribute consists of
goods, their appraisal must be made in the manner prescribed in the contract of partnership, and
in the absence of stipulation, it shall be made by experts chosen by the partners, and according to
current prices, the subsequent changes thereof being for account of the partnership. (n
article 1788- A partner who has undertaken to contribute a sum of money and fails to do so becomes a debtor for the interest and damages from the time he should have complied with his obligation.
The same rule applies to any amount he may have taken from the partnership coffers, and his
liability shall begin from the time he converted the amount to his own use. (1682)
article 1789-An industrial partner cannot engage in business for himself, unless the partnership
expressly permits him to do so; and if he should do so, the capitalist partners may either exclude
him from the firm or avail themselves of the benefits which he may have obtained in violation of
this provision, with a right to damages in either case. (n)
article 1790 -Unless there is a stipulation to the contrary, the partners shall contribute equal shares to the capital of the partnership. (n)
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