Text of the provision
Art. 1835. The dissolution of the partnership does not of itself discharge the existing liability of any partner. A partner is discharged from any existing liability upon dissolution of the partnership by an agreement to that effect between himself, the partnership creditor and the person or partnership continuing the business; and such agreement may be inferred from the course of dealing between the creditor having knowledge of the dissolution and the person or partnership continuing the business. The individual property of a deceased partner shall be liable for all obligations of the partnership incurred while he was a partner, but subject to the prior payment of his separate debts.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Dissolution does not discharge existing liability; a partner is released only by agreement among himself, the creditor, and the person continuing the business. A deceased partner's individual property answers for partnership obligations incurred while he was a partner, after his separate debts.
Related provisions
- Article 1833 — Liability Among Partners After Dissolution.
- Article 1836 — Who Winds Up.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.