Chapter 3 - Section 5 – Divisible and Indivisible Obligations Flashcards
Its delivery or performance is capable of partial fulfillment.
Divisible Obligation
Its delivery or performance is NOT capable of partial fulfillment.
Indivisible Obligation
One based on quality.
Qualitative division
One based on quantity
Quantitative division
One which exists only in the minds of the parties
Ideal or intellectual division
Where specific provisions of law declares as indivisible.
Legal indivisibility
Where the agreement or will of the parties makes as indivisible.
Conventional indivisibility
Where the nature of the object or prestation does not admit of division.
Natural indivisibility
Effect of Non-compliance by a Debtor in a Joint Indivisible Obligation
The obligation is converted into one for damages.
The creditor cannot ask for specific performance or rescission.
Obligations deemed INDIVISIBLE
Obligations:
to give definite things.
not susceptible of partial performance.
provided by LAW
intended by the PARTIES
Obligations deemed DIVISIBLE
Obligations:
the execution of a certain number of days of work.
the accomplishment of work by metrical units.
susceptible of partial performance.