Enforcement Proceeding: Debt Offset and Partnership Proof

In an enforcement proceeding where a defendant sought to offset the debt with prior cost awards against one claimant, the claimants argued that the debt belonged to a partnership formed for defending a prior possessory action, thereby defeating the required mutuality for offset. The court ruled that the mere fact that co-litigants hired the same lawyer is insufficient to prove the automatic formation of a simple partnership under Article 530 of the Code of Obligations, especially when separate authorizations were given and no common contractual purpose beyond similar defensive objectives was established, confirming the lower court's finding that no partnership was proven.