Unless there is a stipulation to the contrary, the partners shall contribute equal shares to the capital of the partnership.
Extent of contribution to partnership capital.
The partners can stipulate the contribution of unequal shares to the common fund, but in the absence of such stipulation, the presumption is that their contribution shall be in equal shares. This principle is just and reasonable and is consistent with the rule that partners are deemed to have equal rights and obligations. (Art. 1770,par.1.)
Obviously, the above rule is not applicable to an industrial partner unless, besides his services, he has contributed capital pursuant to an agreement to that effect. (See Art. 1797, par. 2. )
[ Ayon po sa aking pagkakaunawa, maliban kung mayroong isang pagkakasunod-sunod sa kabaligtaran, ang mga kasosyo ay dapat magbigay ng pantay napagbabahagi sa kapital ng samahan. ]
Example:
Clara and Maria decide to form a partnership and agree to contribute to the capital in the ratio of 60:40 meaning if their partnership capital is combined total of 10,000.00 then Clara contributed 6,000.00 and Maria contributed 4,000.00.
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