Chapter 3 Section 5 & 6 Flashcards
is one the object of which, in its delivery or performance, is capable of partial fulfillment
Divisible Obligation
is one the object of which, in ih delivery or performance, is NOT capable of partial fulfillment
Indivisble Obligation
An obligation is presumed indivisble where there is _____ and _____.
Only one creditor and only one debtor
Three Kinds of Division
- Qualitative division
- Quantitative division
- Ideal or Intellectual division
One based on quality, not on number or quantity of the things which are the object of the obligation.
Qualitative division
One based on quantity rather than on quality
Quantitative division
One which exists only in the minds of the parties.
Ideal or intellectual division
Three Kinds of Divisibility
- Legal Indivisibilty
- Conventional Indivisibilty
- natural Indivisibilty
Where a specific provision of law declares as indivisible, obligations which, by their nature, are divisible
Legal indivisibility
Where the will of the parties makes as indivisible, obligations which, by their nature, are divisible
Conventional indivisibility
Where the nature of the object or prestation does not admit of division, eg., to give a particular car, to sing a song, etc
Natural indivisibility
An obligation which can stand by itself and does not depend for its validity and existence upon another obligation.
Principal obligation
An obligation which is attached to a principal obligation and, therefore, cannot stand alone.
Accessory Obligation
An obligation with ______ is 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.
An obligation with a penal clause
It is an accessory undertaking attached to an obligation to assume greater liability in case of breach
Penal Clause
Origin: when it is provided by law
Legal Penal Cause
Origin: when it is provided for by stipulation of the parties
Conventional Penal Clause
Purpose: when the penalty takes the place of damages
Compensatory penal clause
Purpose: when the penalty is merely imposed as punishment for breach
Punitive Penal Clause
Effect: when only the penalty can be enforced
Subsidiary or alternative penal clause
Effect: when both the principal obligation and the penal clause can be enforced
Joint or cumulative penal clause
