Text of the provision
Art. 1853. A person may be a general partner and a limited partner in the same partnership at the same time, provided that this fact shall be stated in the certificate provided for in article 1844. A person who is a general, and also at the same time a limited partner, shall have all the rights and powers and be subject to all the restrictions of a general partner; except that, in respect to his contribution, he shall have the rights against the other members which he would have had if he were not also a general partner.
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 person may be both a general and a limited partner at the same time (if stated in the certificate); he has the powers and restrictions of a general partner, but as to his contribution he has a limited partner's rights against the others.
Related provisions
- Article 1852 — Mistaken Belief of Limited Status.
- Article 1855 — Priority Among Limited Partners.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.