Text of the provision
Art. 1811. A partner is co-owner with his partners of specific partnership property. The incidents of this co-ownership are such that:
(1) A partner, subject to the provisions of this Title and to any agreement between the partners, has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any other purpose without the consent of his partners;
(2) A partner's right in specific partnership property is not assignable except in connection with the assignment of rights of all the partners in the same property;
(3) A partner's right in specific partnership property is not subject to attachment or execution, except on a claim against the partnership. When partnership property is attached for a partnership debt the partners, or any of them, or the representatives of a deceased partner, cannot claim any right under the homestead or exemption laws;
(4) A partner's right in specific partnership property is not subject to legal support under article 291.
(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 partner is co-owner with the others of specific partnership property: he may possess it for partnership purposes only, cannot assign his right in it separately, and it is not subject to attachment except for a partnership debt or to legal support.
Related provisions
- Article 1810 — Property Rights of a Partner.
- Article 1812 — A Partner's Interest.
Cases citing this article
- Roger V. Navarro vs. Hon. Jose L. Escobido, Presiding Judge, RTC, Branch 37, Cagayan de Oro City, and Karen T. Go, doing business under the name Kargo Enterprises, G.R. No. 153788, November 27, 2009 — read the decision on LawPhil →
- Arcadio and Maria Luisa Carandang vs. Heirs of Quirino A. De Guzman, et al, G.R. No. 160347, November 29, 2006 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.