Short answer. No. Article 1782 states that persons who are prohibited from giving each other any donation or advantage cannot enter into a universal partnership. If the law forbids gifts between them, it likewise forbids them from pooling everything in a universal partnership, which would produce the same forbidden advantage.

What the law says

Persons who are prohibited from giving each other any donation or advantage cannot enter into universal partnership.

Civil Code, Article 1782 — Who Cannot Form a Universal Partnership. Read the full provision →

The rule and the reason behind it

Article 1782 lays down a short but firm prohibition: persons who are prohibited from giving each other any donation or advantage cannot enter into universal partnership. A universal partnership is the broadest form of partnership, where the partners throw all their present property, or all their profits, into a common fund. The concern is that this pooling works, in substance, like a mutual gift: each contributor stands to gain from the other's property without a fair exchange. So when the law already bars two people from donating to each other, it will not let them reach the same result indirectly by dressing the transfer up as a universal partnership.

Who is caught by the prohibition

The article does not create the list of prohibited persons itself; it borrows from the law that governs donations. Those forbidden to donate to each other, and therefore barred from universal partnership, are the same categories the Code restricts elsewhere for gifts — most prominently persons in certain relationships where the law fears undue influence or the circumvention of family and property protections. The point for a worried reader is practical: before forming a universal partnership, you must check whether the two of you fall within any donation prohibition. If you do, the universal partnership route is closed to you, no matter how the agreement is worded.

What remains possible, and the risk of ignoring the rule

The bar is specific to the universal partnership, because that is the form whose pooling mimics a donation. It does not necessarily close off every business arrangement between the two of you. A particular partnership — one limited to a defined undertaking or to specified property and its fruits, rather than everything you own — does not carry the same character of a mutual gift and is treated differently. Attempting a universal partnership in defiance of Article 1782, however, risks having the whole arrangement struck down as a disguised, prohibited transfer of advantage. Because the categories turn on the donation rules, it is wise to confirm your situation before committing property to any such venture.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.