CH.3 SEC. 5. DIVISIBLE AND INDIVISIBLE OBLIGATIONS Flashcards
Memorize provisions and understand concetps
Art. 1223. The divisibility or indivisibility of the things that are the object of obligations in which there is only […] does not alter or modify the provisions of Chapter 2 of this Title.
Art. 1223. 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 2 of this Title.
What is a divisible obligation?
A divisible obligation is one the object of which, in its delivery or performance, is capable of partial fulfillment.
What is an indivisible obligation?
An indivisible obligation is one the object of which, in its delivery or performance, is not capable of partial fulfillment.
How do we determine if an obligation is divisible or indivisible?
To determine if an obligation is divisible or indivisible, one must look at the purpose of the obligation or the intention of the contracting parties. Just because a prestation may be capable of partial fulfillment, it does not mean that the obligation is automatically divisible. Even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties. (par. 3, Art 1225.; De Leon 2021 ed. p.164)
But if the prestation is indivisible, it shall automaticall and absolutely be considered as an indivisible obligation, regardless of the intention of the parties or the purpose of the contract. (par. 1, Art. 1225; De Leon, supra.)
What is the presumption regarding the divisibility of an obligation where there is only one creditor and only one debtor?
An obligation is presumed indivisible where there is only one creditor and only one debtor. (see Art. 1248; De Leon 2021 ed. p. 165)
What are the three kinds of division?
The three kinds of division are:
(1) Qualitative division - based on quality (e.g. things are divided based on their kind);
(2) Quantitative division - based on quantity (e.g. metes and bounds of a property, cash split, etc.);
(3) Ideal or intellectual division - exist only in the mind of the parties (e.g. co-ownership of a property which has not been partitioned).
(De Leon 2021 ed. p. 167)
What are the three kinds of indivisibility?
The three kinds of indivisibility are:
(1) Legal indivisibility - indivisible because the law says so (par. 3, Art. 1225);
(2) Conventional indivisibility - the parties agree that the obligation is indivisible even if the prestation may be divisible (par. 3, Art. 1225);
(3) Natural indivisibility - the nature of the object or the prestation itself is indivisible (par. 3, Art. 1225) [cannot be divided without destroying or altering its essence]
(De Leon, ed. 2021, p.167)
Art. 1224. A joint indivisble obligation gives rise to indemnity for damages from the time […]. The debtors who may have been ready to fulfill their promises […] beyond the corresponding portion of the […] or […] obligation consists.
Art. 1224. A joint indivisble obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking. 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.
What shall be the effect if one of the joint debtors is unwilling to comply with the obligation and the obligation is an indivisible joint obligation?
The obligation shall be converted into one for damages. However, only the one who does not comply with the obligation shall be liable to pay for damages. The debtors who were ready to comply shall not contribute more than his share corresponding the value of the prestation; he shall not be liable to pay damages.
Art. 1225. For the purposes of the preceding articles, obligations to give […] and those which are […] shall be deemed to be indivisible.
When the obligation has for its object the execution of a […], the accomplishment of work […], or analogous things which by their […], it shall be divisible.
However, even though the object or service may be physically divisible, an obligation is indivisible if […].
In obligations not to do, divisibility or indivisibility shall be determined by the […].
Art. 1225. For the purposes of the preceding articles, obligations to give definite things and those which are not susceptible of partial performance shall be deemed to be indivisible.
When the obligation has for its object the execution of a certain number of days of work, the accomplishment of work by metrical units, or analogous things which by their nature are susceptible of partial performance, it shall be divisible.
However, even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties.
In obligations not to do, divisibility or indivisibility shall be determined by the character of the prestation in each particular case.
When are obligations deemed indivisible?
Under Art. 1225, obligations are deemed indivisible when:
(1) obligation to give definite things;
(2) obligation where the prestation is incapable of partial performance;
(3) when provided by law;
(4) when inteded by the parties;
(5) when the character of the prestation implies indivisibility in obligations not to do (not to do something in a continuous period; e.g. do not do this at all times).
When are obligations deemed divisible?
Under Art. 1225, obligations are deemed divisible when:
(1) The prestation may be executed in a number of days of work (obligation to do);
(2) Obligations which have for their object the accomplishment of work by metricla units;
(3) Obligations which by their nature are susceptible of partial performance; and
(4) when the character of the presetation is divisible in obligations not to do (not to do something in a non-continuous period; e.g. do not do this on Sundays).
