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        rescinded  on  the  ground  of  the  fraud  or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
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