A partner who has received, in whole or in apart, his share of a partnership credit, when the other partners have not collected theirs, shall be obliged, if the debtor should thereafter become insolvent, to bring to the partnership capital what he received even though he may have given receipt for his share only. (1685a)
Obligation of partner who receives share of partnership credit.
The case contemplated under this article is different from that referred to in Article 1792, which treats of two distinct credits, one in favor of the partnership and another in favor of the managing partner.
In the present article, there is only one credit- credit in favor of the partnership.
Futhermore, the present article applies whether the partner who receives his share of the partnership credit is authorized to manage or not.
Requisites for application of rule.
The requisites for the application of this article are as follows :
- A partner has received, in whole or in part, his share of the partnership credit;
- The other partners have not collected their shares; and
- The partnership debtor has become insolvent.
Reasons for imposing obligation to return.
The debt of D becomes a bad debt. It would be unjust or unfair for A not to share in the loss with B and C, less. The above provision is based on the community of interest among the partners which is one of the underlying principles of the contract of partnership. (11 Manresa 353; Art. 1770, par. 1)
[ Ang isang kasosyo na natanggap, buo o bukod ang kanyang bahagi ng isang credit sa pakikipagsosyo, kapag ang iba pang mga kasosyo ay hindi nakolekta ng kanila, ay dapat na obligado, kung ang may utang ay pagkatapos ay maging walang kabuluhan, upang dalhin sa kapital ng pakikipag sosyo kung ano ang kanyang natanggap kahit na maaaring magbigay siya ng resibo para sa kanyang bahagi lamang. ]
Case Sample:
Vina and Rita has a partnership in some business retails supposedly Vina she always received her share of a partnership of a credit, and when Rita have not, what he may have given receipt for his share only.
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