Short answer. Yes. Article 1814 says the charged interest may be redeemed at any time before foreclosure, or purchased if the court directs a sale, without causing a dissolution. Any one or more partners may do this with their own separate property, or with partnership property if all the uncharged partners consent.
What the law says
The interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court, may be purchased without thereby causing a dissolution
Civil Code, Article 1814 — Charging Order Against a Partner's Interest. Read the full provision →
The charge is not the end of the story
When a partner's personal creditor obtains a charging order under Article 1814, the court fastens the creditor's unpaid judgment onto that partner's interest — his share of profits and money due from the firm. That is a real burden, but the article deliberately gives the other partners a way out. It provides that the interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court, may be purchased without thereby causing a dissolution. In other words, the remaining partners can clear the charge off the firm, either by paying it before foreclosure or by buying the interest at a court-ordered sale, and doing so does not break up the partnership.
Two ways to fund the redemption or purchase
Article 1814 spells out where the money can come from, and the difference matters. First, the interest may be redeemed or bought with separate property, by any one or more of the partners — a partner using his own personal funds needs no one else's permission. Second, it may be done with partnership property, by any one or more of the partners with the consent of all the partners whose interests are not so charged or sold. So if you want to use firm assets rather than your own pocket, every uncharged partner must agree. This protects the other partners from having partnership property spent on a rescue they did not sanction.
Why the buy-back option exists
The purpose is to keep the business in the partners' hands and shield it from an outside creditor stepping into a partner's economic shoes. Timing counts: redemption is available at any time before foreclosure, so acting promptly preserves the cheaper route, while a court-directed sale shifts you to purchasing the interest instead. The article also opens by preserving the preferred rights of partnership creditors under article 1827, and it does not strip a partner of any exemption-law rights over his interest. The takeaway is practical: the other partners are not helpless when one partner's creditor charges his interest — they have a clear, dissolution-free path to buy it back.
Related provisions
- Civil Code, Article 1814 — Charging Order Against a Partner's Interest
- Civil Code, Article 1827 — Preference of Partnership Creditors