Text of the provision
Art. 1808. The capitalist partners cannot engage for their own account in any operation which is of the kind of business in which the partnership is engaged, unless there is a stipulation to the contrary. Any capitalist partner violating this prohibition shall bring to the common funds any profits accruing to him from his transactions, and shall personally bear all the losses.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
A capitalist partner cannot engage for his own account in the same kind of business as the partnership (absent stipulation); if he does, he brings his profits to the common fund and bears the losses personally.
Questions about this provision
Related provisions
- Article 1807 — Partner as Trustee of Benefits.
- Article 1809 — Right to a Formal Account.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.