Query: Does Article 1773 of the Philippine Civil Code apply to a partnership contract where the contributed property is a usufruct of land, requiring an inventory to be made and attached to the public instrument?

Article 1773 of the Philippine Civil Code addresses partnership contracts in which immovable property or real rights are contributed. According to this article, such contracts are void unless an inventory of the immovable property or real rights contributed is made, signed by the parties, and attached to the public instrument.

Applicability of Article 1773

To determine the applicability of Article 1773 in the context of a partnership involving the contribution of a usufruct of land, it's important to consider the nature of a usufruct.

A usufruct is a real right granted to a person, known as a usufructuary, to enjoy the use and benefits of property that belongs to another person, without altering the property's substance. Since a usufruct is considered a real right, it is classified as an immovable property in the context of legal terminology.

Application to a Usufruct

Given that a usufruct is a real right, the contribution of a usufruct of land to a partnership would fall under Article 1773. This means that to form a valid partnership involving the contribution of a usufruct of land, an inventory of the usufruct should be prepared, signed by the parties, and attached to the public instrument of the partnership agreement.

The Importance of an Inventory

The requirement for an inventory serves several purposes:

Transparency: It ensures that all partners have a clear understanding of the property or rights being contributed to the partnership.
Legal Certainty: The inventory serves as a reference in case of disputes regarding the nature or extent of the contributed property or rights.
Compliance: Failure to comply with the requirement renders the partnership contract void.

Conclusion

In conclusion, Article 1773 of the Philippine Civil Code applies to partnership contracts involving the contribution of a usufruct of land. An inventory of the usufruct should be made, signed by the parties, and attached to the public instrument to ensure the partnership's validity.