atp bugayong - questions [whole sem].pdf

Part 1 1. Own definition of partnership? 2. Characteristics of Partnership? (BPOCC-PN) 3. Money? What do you mean? How about a check? 4. How about credit? Can it be contributed? 5. Property? What do you mean? 6. What about incorporeal property? Define. 7. Rule on Contribution of Property 8. What is the need for inventory? inv entory? Purpose? What is inventory? 9. What is industry? Sample 10. Essential Elements of Contract of Partnership? 11. Can a corporation enter into a partnership? 12. Who may not enter into a partnership? 13. Husband and Wife? What about them? 14. Kinds of partnership? 15. When is subject(object) becomes lawful? 16. Consequence if it is unlawful? 17. What effects? What instruments? What about money? 18. Art. 45 of the RPC? 19. Affectio Societis? Fiduciary? Right of Partners to choose? (PARAS) 20. What about if the Articles of Partnership? What if it is kept secret? 21. When will delictus personae begin? 22. Tell me the test on the existence of a partnership? 23. Corpo vs Partnership? 24. Is the partnership consensual? Is the rule absolu te? 25. Is it not that partnerships are forma contracts because of the formalities required? 26. Effect of failure of complying with the public instrument? as for 3rd persons is it valid? 27. Other instances when a formal requirement is needed? SPF!! 28. D-FUSE (PARTICULAR PARTNERSHIP) 29. DIWAC (SHARING OF PROFITS) 30. Does a universal partnership of all properties include all future properties? 31. All profits? From all sources? 32. What is a particular partnership? 33. Kinds of partners 34. Is a universal partnership of all profits limited to only industrial partners? 35. No express provision for the prohibition of the husband and wife entering into a  partnership? *NOTES 1784 & 85- Does not speak of obligations 1800-18something - management rights-->1810 1797,1798,1799- shares in the profits and losses 1784-1809- ? list down obligations(To do and not to do) d o)

PART 2 1. Property Rights? Choose your own? As to specific propert:1811&1827 What is the relationship? Is it a co-ownership? Really? Is 1811(2) consistent with 1827 (Right vs share) Interest Define? Correlate with partnership? What is share?--> Their contribution;equal Profit vs Surplus?(as to time and as to determination) Is it assignable? Why does an assignee prohibited from being a partner by mere assignment?(Delictus Personae) Consequences of an assignment? Why assignment wont dissolve partnership? May an assignee ask for the dissolution d issolution of the partnership? What is a charging order? So S o his interest susceptible for attachment? Will the redemption of interest dissolve the partnership? What happ ens if all partners redeemed? Participate in management? Can a partner demand to be a managing partner? Can one participate in the management even without being a managing  partner? No. Indirect voting only Who may question the acts of managing partner? How? What is the controlling interest? Diff. from majority? Rules when these are two or more managing partners? Diff. in specicification as to authority(1800-1805) Can a third person be appointed as managing partner? No. Manager only Acts of Administration vs Acts for carrying on usual course of business APP CARE VS Acts of strict dominion/ownership? LOSS VS LIABILITY Why do you need a firm name? Besides Identity Rules for choosing a firm name Can a limited partner be included in the name? PART 3. (DISSOLUTION NA ATA TO) 1831 Dissolution? Distinguish from winding up What comes next after winding up? What ends the life of partnership? Can they enter into transaction after winding up? Can they enter into another transaction after Dissolution? Are grounds the same as causes of dissolution? Causes: automatically dissolves (WIELDICD)

Why are they called grounds? (Causes which will dissolve partnership) Who can apply for dissolution When may an assignee petition or apply ap ply for dissolution? Why does a party need to petition when in fact termination of term or undertaking dissolves the partnership? (Partners can opt to continue) When can a legal representative of o f a partner petition for dissolution? What if all of the partners died? First Ground(Insanity)- Do you need judicial declaration? Second Ground- What do you mean in any other way? (Not insane etc) Third Ground- is good faith required in No. 3 under the first cause? In no. 4? What makes the second cause diff. from those enumerated in the first? What is stated*  Not all terms/not all violations will dissolve dissolve the partnership Violation: withdrawal before the time agreed upon or before accomplishment PART 4: AGENCY Agency defined in 1868 A letter authorizing domestic worker...(Hypo shit) Employer-Employee VS Agency(MINISTERIAL FUNCTIONS) Broker VS Agency(LATTER IS MIDDLEMAN ONLY) Elements of agency Express Agency? Form? Is there a written implied agency? Agency by Estoppel VS Implied Agency? Implied agency from  point of view of authority  point of view of acceptance 1872 para 1 and 2? Other questions: 1. How do you know a person is authorized to be an agent? 1873 2. Is the manner of information material? Why? (Yes) 3. Difference between general pa and special pa? 4. Can a GPA be couched in specific terms? 5. Can an SPA couched in general terms? 6. If the principal states that he withholds no power/agent. May do any an y other act, is it special power 7. When are SPA's necessary? (1878) 8. What is payment? Does it mean it is only for the payment of mone y? (No. Performance also) 9. What do you mean acts not considered acts of admin? Example? 10. Is paragraph 5 same as para 12? 11. Does power to sell includes power to mortgage? Is agent bound if no SPA? 12. Are all in art 1878 acts of strict dominion? Are they modes of extinguishment of obligations?

13. Example of para4? 14. Acts of strict dominion not in the enumeration? (Sale of personal property.) What is the first and foremost obligation of an agent? Carry out the agency What is required of the agent? Act within scope & on behalf of principal What is the effect of compliance with the 2? 2 ? P is liable, A is not personally liable When can you say an agent is acting within authority? Acts within terms of power of atty What is the difference between instruction and authority? (Study distinctions of W/ authority of agent / principal ---- w/o authority of agent/principal) Stipulation as to price -authority or instruction =authority Give and explain the different obligations What are the obligations which require the payment of damages? What are commission agents? Are they the same as factors? Yes What is the difference between ordinary commission and guarantee commission? Are these the same as a del credere agent? Give the obligations of a commission agent. What is a guarantee commission? What is the obligation if he sells on credit? What is the rule as to sale on credit? Gr: cannot sell on credit Ex: with stipulation Why are commission agents entitled to the excess ex cess benefits if he sells on credit? If he sells with a different price from that given by principal, is he still entitled to the  benefits? What is the first and foremost obli of the principal? Compl y What presumption arises from it? That it is w/in scope and in the name of principal Give another obli: dapat ibigay niyo yung advance payment muna bago reimbursement Whose obligation is it to pay? Gr: principal What are the instances where agent is obliged to pay? When is the principal not liable for expenses? What is the liability of 2 principals? Gr: joint Ex: solidary What is the effect of sale by principal and agent of the same thing to different persons? Is it a form of implied revocation? PART 5. TRUST What is trust? Characteristics What is the distinct character of trust not present in agenc y and partnership? Is trust safekeeping? Difference between legal title and equitable ownership Example of legal title. Example of equitable ownership? Who is the real owner is trust? Is it the trustee or the beneficiary? Or the trustor? (1) kinds of implied trusts (2) 3 instances for each kind of implied trusta (3) (a) summary rules of acquisitive prescription (b) summary rules of prescription of action for proprty held in trust. tapos samin explain the characteristics and elements of trust

Purpose of bond Modes of extinguishment Rules on acquisition by prescription Rules of prescription on action of recovery 1.) What is the purpose of the bond; 2.) what are the modes of the extinguishment of trust?; 3.) give the summary rules on: a.) acquisitive prescription; and,  b.) action to reconvey property held in trust