ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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June 1, 2022

Legal Developments

 


CORPORATION VS. PARTNERSHIP


  • Business organizations are entities formed for the purpose of carrying on commercial enterprise.

  • By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves.

  • A corporation is an artificial being created by operation of law, having the right of succession and the powers, attributes, and properties expressly authorized by law or incident to its existence.

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DISSOLUTION OF PARTNERSHIP


  • A change in the relation of partners by any partner ceasing to be associated in carrying on the business is dissolution

  • Dissolution does not automatically result in the termination of the legal personality of the partnership, nor the relations of the partners who among themselves remain as co-partners until the partnership is terminated

  • In dissolution, the partnership is not terminated but continues until the winding up of the business.

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WHAT IS THE DIPLOMATIC POWER OF THE PRESIDENT?


  • What No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds (2/3) of all the Members of the Senate.

  • In the field of external affairs, the President must be given a larger measure of authority and wider discretion, subject only to the least amount of checks and restrictions under the Constitution.

  • The participation of the legislative branch in the treaty-making process was deemed essential to provide a check on the executive in the field of foreign relations.

  • By requiring the concurrence of the legislature in the treaties entered into by the President, the Constitution ensures a healthy system of checks and balance necessary in the nation’s pursuit of political maturity and growth.

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EXECUTIVE POWERS OF THE PRESIDENT: DELEGATED POWERS


  • What has been delegated cannot be delegated.

  • In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy.

  • As the Congress is generally the repository of emergency powers, several conditions must first be met to be able to delegate such powers to the President.

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