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Partnership and Agency Law2020-06-02T09:08:28+00:00

Partnership and Agency Law

PARTNERSHIP

General Provisions
Articles 1767-1783

A. Definitions/Elements/Existence

B. Formal Requirements (Articles 1771-1773)

Obligations of the Partners
Articles 1784-1827

A. Obligations of the partners among themselves (Section 1)

1. Contributions (Articles 1784-1796, 1808)

2. Profits and losses (Articles 1797-1799)

3. Management (Articles 1800-1804)

4. Accounting of partnership affairs (Articles 1805-1809)

B. Property rights of a partner (Articles 1810-1814)

C. Obligations of the partners with regard to third persons (Articles 1815-1827)

Dissolution and Winding Up
Articles 1828-1842

Limited Partnership
Articles 1843-1867

A. Nature

Arts. 1843-1849; 1867

B. Rights/Duties/Liabilities of General Partners

Arts. 1850 and 1853

C. Rights/Duties/Liabilities of Limited Partners

Arts. 1848; 1851; 1854-1859

D. Dissolution and Winding Up

Arts. 1860; 1863-1866

AGENCY

Nature, Form and Kinds of Agency
Articles 1868-1883

A. Agency as a contract (Art. 1868)

B. Agency distinguished from other contacts

1. Agency v. Partnership

2. Agency v. Sales

3. Lease of Work of Service

4. Agent v. Independent Contractor

5. Negotorium Gestio

6. Agent v. Servant

7. Agency v. Loan

8. Agency v. Guardianship

Rules 93-95, Rules of Court

9. Agency v. Brokerage

10. Agency v. Judicial Administration

11. Ship Agent

C. Kinds of agency

1. As to construction (Articles 1869- 1870, 1872)

2. As to form (Arts. 1873, 1874)

3. As to cause (Art. 1875)

4. As to extent of authority (Arts. 1876, 1877, 1881, 1882)

5. As to third persons (Art. 1911)

D. Special power of attorney (Arts. 1878, 1879, 1880)

E. Creation of relation

1. By mutual assent of the Parties

2. By estoppel

3. By ratification

F. Authority conferred

1. Agent to act within the scope of his authority

2. Agent acting in his own name

Obligations of the agent

Articles 1884-1909

A. With respect to principal

B. With respect to third persons

Obligations of the Principal

Articles 1910-1918

A. With respect to agent

B. With respect to third persons

Modes of extinguishment of agency

Articles 1919-1932

A. Revocation

B. Withdrawal of the agent

C. Death, civil interdiction, insanity or insolvency

D. Dissolution of the firm or corporation

E. Accomplishment of the object or purpose

F. Expiration of the period