Philippine Civil Code Art. 1798: Obligations of the Partners

Statute: Philippine Civil Code
Article: Art. 1798
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. 1690 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

If the partners have agreed to intrust to a third person the designation of the share of each one in the profits and losses, such designation may be impugned only when it is manifestly inequitable. In no case may a partner who has begun to execute the decision of the third person, or who has not impugned the same within a period of three months from the time he had knowledge thereof, complain of such decision. The designation of losses and profits cannot be intrusted to one of the partners. (1690)

Cases applying this article

Rafael Azada y Lara v. Francisco Martinez y Garcia G.R. No. 4179
Alejandro Reyes v. Francisco Martinez G.R. No. 1724
Zoilo Garcia Vasquez v. P.B. Florence G.R. No. 2353
La Razon Social de Hijos de I. de La Rama v. Rosendo Lacson G.R. No. 1462
I. O. Conchegull v. Joseph B. Hyams G.R. No. 893
Pablo Palma v. Juan Cañizares G.R. No. 34

Related provisions in this Chapter

Civil Code, Art. 1797 Obligations of the Partners
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. 1798 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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