Is it true that the preference of a private creditor takes precedence over a partner's personal assets?

Prepare for the Partnership Law Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The choice that asserts that a private creditor's preference takes precedence over a partner's personal assets is correct because, in partnership law, the personal assets of a partner can generally be reached by creditors seeking to enforce claims against the partnership. A private creditor has the right to pursue a partner’s personal assets if the partnership assets are insufficient to satisfy partnership debts. Partnerships are often characterized by joint liability, meaning that creditors can go after the personal assets of individual partners when partnership obligations are not fulfilled.

In this context, the priority of claims is determined by the legal framework surrounding partnerships and the rights of creditors. While partnership debts must first be satisfied from partnership assets, if those are inadequate, creditors can turn to the personal assets of the partners. This reflects the principle that partners share liability and that their personal financial responsibility can be invoked.

Regarding the other choices, a private creditor's rights are not contingent on whether the partnership is profitable or if the creditor is registered—these factors do not affect the general principle that creditors can pursue partners’ personal assets if the partnership liability is not fully met. Thus, the assertion that a private creditor’s claims take precedence over a partner's personal assets holds weight in the context of partnership liabilities.

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