Practice question
A partner expressly dissolves a fixed-term partnership contrary to its agreement, and no other lawful dissolution ground applies. Does the breach mean dissolution is impossible?
- Yes; an agreed term makes dissolution legally impossible.
- No; Article 1830 recognizes dissolution in contravention of the agreement, with the resulting rights and damages governed by law.
- Yes; only a corporation can dissolve.
- No; because breach automatically entitles the withdrawing partner to all assets.
- Yes; every other partner must first forgive the breach.
Legal references
- Civil Code, RA 386, Articles 1828–1837, https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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