Sei sulla pagina 1di 3

Resa Reviewer

113. A and B are co-owners of a parcel of land from which they derive profits in equal sharing being coheirs in inheritance.Is there a partnership?
a.there is a partnership because of equal sharing of profits.
b.there is no partnership because co-ownership by itself does not establish a partnership despite the
sharing of profits
c.there is no partnership since in partnership division of profits is not always necessary among partners
d.there is partnership they being co-owners and co-possessors

114. A and B are partners in ACE partnership.While A was performing his duties as a partner in the
conduct of the business,he negligently caused damage to X,a third person.Who shall be liable to X and in
what capacity?
a.only the partnership shall be liable it being a juridical person separate and distinct from partners
b.only A shall be liable for he is the only one at fault
c.both A and B shall be laible solidarity to X.
d.A,B and the partnership are all liable solidarity to X.

112. Partners A,B and C contributed A-P1M,B-P2M and C-service.After exhausting the partnership
assets,the creditors still have a claim for P3M.For how much are the partners liable to the creditors for
the partnership liability?
a.only A&B are liable equally to the creditors being capitalists
b.only A&B are liable at 1/3 and 2/3 respectively
c.all of A,B and C are liable pro rata to the creditors
d.C is not liable being an industrial partner who is exempt from losses

110. A,B and C entered into an oral contract of partnership each contributing P1M each to the common
fund plus other personal properties of the same amount and failed to registered the partnership with
the SEC.Is the partnership valid?
a.No,because every contract of partnership having a capital of three thousand pesos or more in money
or property must be in public instrument and registered with the SEC
b.Yes,because public instrument is necessary only in case of contributions of immovable
c.yes,because a partnership construct can always be oral
d.no,because registration with the SEC is essential for a partnership to be valid and acquire juridical
personality

215. Which of the following is he characteristic of partnership as a contract?

a.preparatory
b.formal
c.innominate
d.gratuitous
120. A partner who is liable to the partnership for damages due to his fault may claim compensation
if through his extraordinary effort in the other activities of the partnership unusual profits have been
realized.
A partner shall be the debtor of the partnership if he falls to deliver his promised contribution
and shall be in delay from the time of a demand from the partnership.
a.Both statements are false
b.second statement true,first is false
c.first is true,second is false
d.both are true

118.Three of the following dissolves a partnership except


a.Partnership business has become unlawful
b.Death,civil interdiction or insolvency of a partner
c.Expulsion of a partner
d.Partnership business can only be carried on at a loss

117. A newly admitted partner shall be liable for the pre-existing obligations of the partnership at the
time of his admission in favor of partnership creditors up to the extent of his capital contribution.
An industrial partner shall not share in the losses and his share in the profits shall be just and
equitable under the circumtances.
a.first statement is false,second statement is true
b.both are true
c.second statement is false,first is true
d.both are false statement

116.A,B and C as partners in a partnership stipulated and mutually agreed that A shall not share in the
profits and losses.Is the agreement valid as among the partners only and not against third person?
a.yes,because among the partners it is valid to exempt from sharing in the profits and losses.
b.yes,valid as long as third person are not prejudiced
c.not valid stipulation exempting a partner from sharing profits and losses
d.not valid as against third person or partnership creditors

115.Which of the following is not a prohibition on a limited partner?

a.Surname of a limited partner may not appear in the partnership name


b.Limited partner may not take part in the control of the business
c.Limited partner may not contribute service
d.limited partner may not constitute his assignee as substituted limited partner

Potrebbero piacerti anche