Court’s Decision definition

Court’s Decision. The Supreme Court denied the petition, affirming the Court of Appeals’ decision. The petitioner’s claim to a 6% share in the real properties was based solely on his own testimony and that of Xxxxxxxxx Xxxxxxxxxx, which were not sufficient to prove the allegations. The documents presented by respondents adequately showed their personal capacity to acquire and fund properties independent of the partnership’s resources. The Court emphasized that an Acknowledgement of Participating Capital does not prove that the real properties were acquired out of the partnership’s proceeds, especially when the document specified certain businesses not including the properties in question. Doctrine: -Acknowledgements of Participating Capital specify the extent of ownership/share in a partnership and do not extend to properties or businesses not included within the scope of the document unless proven otherwise. -The sharing of gross returns does not of itself establish a partnership without showing an intent to form such an alliance, contribute money, property, or industry to a common fund, and divide the profits among the parties. -Certificates of title serve as the best proof of ownership and cannot be collaterally attacked in a proceeding. -Testimonial evidence cannot prevail over written evidence, especially during attempts to establish co-ownership based partially on oral evidence. Class Notes: Key Elements: – Partnership: Agreement to contribute money, property, or industry to a common fund with the intent to divide profits among the contracting parties (Civil Code, Art. 1767).
Sample 1

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  • Action shall have the meaning ascribed to such term in Section 3.1(j).

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