BA161_Ch3_Sec5and6 Flashcards
[T/F] The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does not alter or modify the provisions of chapter 1 of this title.
Chapter 2. Art 1223.
The object of this obligation , in its delivery of performance, is capable of partial fulfillment.
Divisible Obligation
The object of this obligation , in its delivery of performance, is not capable of partial fulfillment.
Indivisible Obligation
What is the test for distinction in determining whether an obligation is divisible or not?
[1] Purpose of the obligation or [2] Intention of the parties
[T/F] If the object is not physically divisible or the service is not susceptible of partial performance, the obligation is always indivisible.
True 1223
[T/F] An obligation is presumed indivisible where there is only one creditor and only one debtor.
True. 1224, 1248
Kinds of Division
[1] Qualitative [2] Quantitative [3] Ideal or Intellectual Division. One which exists only in the minds of the parties.
Kinds of indivisibility.
[1] Legal [2] Conventional. Based on the will of the parties [3] Natural Indivisibility. Nature of the object or prestation,
[T/F] Art 1224. A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking.
TRUE
[T/F] The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists.
True Art 1224
Obligations deemed indivisible:
[1] Obligations to give definite things [2] Obligations which are not susceptible of partial performance [3] Obligations provided by law to be indivisible even of thing or service is physically divisible. [4] Obligations intended by the parties to be indivisible even if thing or service is physically divisible.
Obligations deemed divisible:
[1] Obligations which have for their object the execution of a certain number of days of work [2] Obligations which have for their object the accomplishment of work by metrical units. [3] By their nature are susceptible of partial performance.
Obligations ‘to do’ and ‘not to do’ are generally ________
indivisible. Art 1225
Define Principal Obligation.
One which can stand by itseld and does not depend for its validity and existence upon another obligation.
Define Accessory Obligation.
One which is attached to a principal obligation and, therefore, cannot stand alone.
One which contains an accessory undertaking to pay a previously stipulated indemnity in case of breach of the principal prestation, intended primarily to induce its fulfillment.
Obligation with Penal Clause
Purposes of penal clause:
[1] To insure performance [2] To substitute a penalty for the indemnity for damages and payment of interests
What is Penal Clause?
An accessory undertaking attached to an obligation to assume greater liability in case of breach or is partly or irregularly complied with.
[T/F] Penal clause contitutes an obligation.
TRUE. Art 1226
Kinds of penal clause as to its origin:
[1] Legal penal clause [2] Conventional
Kind of penal clause as its purpose:
[1] Compensatory. When penalty takes the place of damages [2] Punitive. Imposed merely as punishment for breach
Kinds of penal clause as to its demandability or effect:
[1] Subsidiary or Alternative. When only the penalty can be enforced. [2] Joint or cumulative. When both the principal and the penal clause can be enforced.
When creditor, in addition to penalty, may recover damages and interests:
[1] When so stipulated by the parties [2] When the obligor refuses to pay the penalty, in which case the creditor may recover legal interest thereon [3] when the obligor is guilty of fraud.
[T/F] If the obligation cannot be fulfilled due to a fortuitous event, the penalty is not demandable.
Art 1226 True
[T/F] Generally, the debtor can just pay the penalty instead of performing the obligation.
False. Art 1227
The debtor can exempt himself from the non-fulfillment of the obligation only when —-
“this right has been expressly reserved for him” Art 1227
The proof of actual damages suffered by the creditor is [1] in order that the penalty may be demanded.
Not necessary. Art 1228
Art 1229. The judge shall equitably reduce the penalty when the principal obligation has been [1] or [2] complied with byt the debtor.
[1] Partly [2] Irregularly
Even if there has been no performance, the penalty may also be reduced by the courts if it is [1] or [2]
[1] Iniquitous [2] Unconscionable
[T/F] The nullity of the penal cause carries with it that of the principal obligation.
False. Art 1230
[T/F] The nullity of the principal obligation carries with it that of the penal clause.
True Art 1230
