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Review Question 1: Requisites - Proper Party

Juan and Maria entered into a partnership agreement to establish a small business together. Unfortunately, their business encountered financial difficulties, leading to a series of disputes between the partners. Juan now wants to file a lawsuit against Maria to dissolve the partnership and seek damages for breach of contract.

In the context of proper party requirements, answer the following:

a) Can Juan file a lawsuit against Maria individually, or should the lawsuit be filed in the name of the partnership? Explain your answer.

b) If Juan decides to file the lawsuit in the name of the partnership, what are the legal prerequisites that must be met for the partnership to be considered a proper party? Discuss.

1. Enumerate the legal consequences or implications if Juan fails to comply with the proper party requisites in filing the lawsuit in question b).

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Answer