Page 444 - Important Provisions of The New Civil Code
P. 444
Article 1838. Where a partnership contract is
rescinded on the ground of the fraud or
misrepresentation of one of the parties thereto,
the party entitled to rescind is, without
prejudice to any other right, entitled:
(1) To a lien on, or right of retention of, the
surplus of the partnership property after
satisfying the partnership liabilities to third
persons for any sum of money paid by him
for the purchase of an interest in the
partnership and for any capital or advances
contributed by him;
(2) To stand, after all liabilities to third
persons have been satisfied, in the place of
the creditors of the partnership for any
payments made by him in respect of the
partnership liabilities; and