ART. 1223 Flashcards
What is Divisible Obligation?
is one the object of which, in its Delivery or Performance, is capable of partial fulfillment.
What is Indivisible Obligation?
is one the object of which, in its Delivery or Performance, is not capable of partial fulfillment.
In determining whether an obligation is divisible or not, the controlling circumstance is?
The PURPOSE of the obligation or the INTENTION of the parties.
How to distinct if an obligation is indivisible? (Art. 1225, par. 3.)
Hence, even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties.
However, if the object is not physically divisible or the service is not susceptible of partial performance (Art. 1225, par. 1.) ?
the obligation is always indivisible, the intention of the parties to the contrary notwithstanding. This rule is absolute.
When does an obligation is presumed indivisible (see Art. 1248.)
where there is only one creditor and only one debtor.
Applicability of Article 1223
it refers to the object or prestation of the obligation, which may be to deliver a thing
or to render some service.
Example of a Divisible Obligation
D agreed to pay C P2,000 in four equal monthly installments.
Example of a Indivisible Obligation
S obliged himself to deliver to B a specific car on November 15.
This obligation is indivisible because it is not capable of partial performance. The car must be delivered at one time and as a whole.
What are the Kinds of division
1) Qualitative; 2) Quantitative; 3) Ideal or Intellectual
What is Qualitative division
based on quality, not on number or quantity of things that are the object of the obligation
Example of Qualitative division
A and B are the heirs of C and they agreed to divide the inheritance. A got the house and lot and home appliances while B got a rice field, a car and a 100,000
What is Quantitative division
based on quantity, not on quality.
Example of Quantitative division
A and B divided 300 cabans of palay harvested from the ricefield, or they divided the 100,000 cash
What is Ideal or intellectual division
one which exists only in the minds of the parties
Example of Ideal or intellectual division
Suppose that the car and the ricefield were inherited both by A and B.
As co-owners, their one-half shares in the car are not separable in a material way but only mentally. Similarly, before the land is actually
divided between A and B, they are merely co-owners, and neither one of
them can say that he is the absolute owner of a specific portion thereof.
Kinds of indivisibility
LEgal, Natural, Conventional
Natural Indivisibility
Where the nature of the object or prestation does not admit of division e.g. to give a particular car, to sing a song
Conventional Indivisibility
Where the will of the parties makes as indivisible, obligation which, by their nature, are divisible
Legal Indivisibility
Where a specific provision of law declares as indivisible, obligation which, by their nature are divisible
ART. 1224 Effect of non-compliance by a debtor
in a joint indivisible obligation.
- the obligation is transformed into one for damages i.e. to pay money
- to make all the debtors liable for damages but the innocent debtors shall not contribute beyond their respective shares of the obligation.
