Law on Partnerships - Art. 1769 - When and How to Know if Partnership Exists and Rules to Apply

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Ang pag-uusapan natin ngayon ay tungkol sa Article 1769. Sabi sa article na ito, In determining whether a partnership exists, these rules shall apply: (1) Except as provided by Article 1825, persons who are not partners as to each other are not partners as to third persons; (2) Co-ownership or co-possession does not of itself establish a partnership, whether such co-owners or co-possessors do or do not share any profits made by the use of the property; (3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived; (4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment: (a) As a debt by installments or otherwise; (b) As wages of an employee or rent to a landlord; (c) As an annuity to a widow or representative of a deceased partner; (d) As interest on a loan though the amount of payment vary with the profits of the business; (e) As the consideration for the sale of a goodwill of a business or other property by installments or otherwise.

So ano ngayon? Hehe. pinaguusapan dito kung kelan at pano malalaman kung may partnership ba nag-eexist? Ano-ano nga ba ang rules na dapat nating iapply if the partnership is valid and existing? Bukod sa 1767, meron pa daw na additional rules to apply? Nabanggit din dito na hindi porket nakakatanggap ng share sa profit ay partner na kaagad. May mga dapat tayong iconsider pala.

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