Art. 1788. A partner who has undertaken to contribute a sum of money and fails to do so
becomes a debtor for the interest and damages
from the time he should have complied with
The same rule applies of any amount he may have taken from the partnership coffers,
and his liability shall begin from the time he converted the amount to his own use.
Art. 1789. An industrial partner cannot engage in business for himself, unless the
partnership expressly permits him to do so, and if he should do so, the capitalist partners may
either exclude him from the firm or avail themselves of the benefits which he may have
obtained in violation of this provision, with a right to damage in either case.
Art. 1790. Unless there is stipulation to the contrary, the partners shall contribute equal shares
to the capital of the partnership.
Art. 1791. If there is no agreement to the contrary, in case of an imminent loss of the
business of the partnership, any partner who refuses to contribute an additional share to the
capital, except an industrial partner, to save the venture, shall be obliged to sell his interest to
the other partners.
Art. 1792. If a partner authorized to manage collects a demandable sum, which was
owed to him in his own name from a person who owed the partnership another sum also
demandable, the sum thus collected shall be applied to the
two credits in proportion to their
amounts even though he may have given a receipt for his own credit only; but should he have
given it for the account of the partnership credit, the amount shall be fully applied to the latter.
The provisions of this article are understood to be without prejudice to the right granted
to the debtor by Article 1252 but only if the personal credit of the partner should be more
onerous to him.
Art. 1793. A partner who has received in whole or in part, his share of a partnership
credit, when the other partners have not collected theirs, shall be obliged, if the debtor should
thereafter become insolvent, to bring to the partnership capital what he received
he may have given receipt for his share only.