Civil Code Art. 1797: Obligations

Statute: Civil Code
Article: Art. 1797
Topic: Obligations of the Partners
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE IX PARTNERSHIP
Chapter: CHAPTER 2 Obligations of the Partners
Formerly: Art. 1689a of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

The losses and profits shall be distributed in conformity with the agreement. If only the share of each partner in the profits has been agreed upon, the share of each in the losses shall be in the same proportion. In the absence of stipulation, the share of each partner in the profits and losses shall be in proportion to what he may have contributed, but the industrial partner shall not be liable for the losses. As for the profits, the industrial partner shall receive such share as may be just and equitable under the circumstances. If besides his services he has contributed capital, he shall also receive a share in the profits in proportion to his capital. (1689a)

Cases applying this article

Antonia Torres Assisted By Her Husband v. Court of Appeals G.R. No. 134559
Marsman Drysdale Land v. Philippine Geoanalytics G.R. No. 183374

Related provisions in this Chapter

Civil Code, Art. 1800 Obligations of the Partners
Civil Code, Art. 1802 Obligations of the Partners
Civil Code, Art. 1790 Obligations of the Partners
Civil Code, Art. 1809 Obligations of the Partners
Civil Code, Art. 1813 Obligations of the Partners
Civil Code, Art. 1816 Obligations of the Partners
Civil Code, Art. 1817 Obligations of the Partners

Civil Code, Art. 1797 is found in CHAPTER 2 Obligations of the Partners of TITLE IX PARTNERSHIP of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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