ART. 1225 Flashcards
1
Q
What are those Obligations deemed indivisible.
A
- Obligations to give a definite thing. e.g. to deliver a particular car, to give a particular electric fan
- Obligations which are not susceptible of partial fulfillment ex. to sing a song, to dance tinikling
- Obligations provided by law to be indivisible
example: Under the law, taxes should be paid within a definite period. - Obligations intended by the parties to be indivisible even if the thing or service is physically divisible
A is obligated to pay C the amount of 1,000 on a certain date. Money is physically divisible but the intention of D is the mount should be paid at one time and as a whole.
2
Q
What are those Obligations deemed divisible.
A
- Obligations which have for their object the execution of a certain number of days of work.
ex. The obligation of A to paint the house of Y to be finished in 10 days. - Obligations which have for their object the accomplishment of work by metrical units.
ex. The obligation of X to make a table at 3 feet wide and 5 feet long, or the obligation of X and Y to deliver 20 cubic meters of sand, but if X alone the obligation will become indivisible. - Obligations which by their nature are susceptible of partial fulfillment,
ex. The obligation of X to teach Oblicon for one year in a univ, the obligation of X to sing 3 song numbers in a program
3
Q
Indivisibility Obligations not to do Example
A
X obliged himself to Y not to sell cigarettes in his store for 1 year. Here, the obligation should be fulfilled CONTINUOUSLY during a certain period.
4
Q
Divisibility Obligations not to do Example
A
If the obligation of X is not to sell the cigarettes only during Saturdays and Sundays the obligation is divisible because the forbearance is not continuous.