2242. A special partner is entitled to receive his share of the profits, but if the payment of the profits reduces the common stock, every special partner who receives such a payment is bound to restore the sum necessary to cover his share of the deficit, with interest.
In the case of a partnership whose capital includes property that is consumed by its exploitation by the partnership, the special partner may receive his share of the profits only if the property remaining after the payment is sufficient to discharge the debts of the partnership.