Practice question
Partners privately agree that A will leave a dissolved firm and B will pay an existing partnership creditor. The creditor does not agree to release A, and no conduct supports an inferred release under Article 1835. A invokes only the partners' private allocation to deny the creditor's existing claim. Which conclusion is best?
- The allocation necessarily releases A against the creditor.
- A can release himself by sending B a text.
- The creditor's silence always counts as consent on the stipulated facts.
- The private allocation alone does not establish A's discharge against the creditor under Article 1835.
- Every private allocation is criminal.
Legal references
- Civil Code, RA 386, Articles 1828–1837, https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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