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Oblicon

The document discusses divisible and indivisible obligations under Article 1224 and 1225 of the Civil Code. [1] A joint indivisible obligation makes all debtors liable for damages if any one debtor does not comply. [2] Obligations to provide definite things or services not susceptible to partial performance are deemed indivisible. [3] Obligations involving a certain number of work days, measurable units of work, or those naturally partial are divisible unless the law or parties intend otherwise.

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50 views2 pages

Oblicon

The document discusses divisible and indivisible obligations under Article 1224 and 1225 of the Civil Code. [1] A joint indivisible obligation makes all debtors liable for damages if any one debtor does not comply. [2] Obligations to provide definite things or services not susceptible to partial performance are deemed indivisible. [3] Obligations involving a certain number of work days, measurable units of work, or those naturally partial are divisible unless the law or parties intend otherwise.

Uploaded by

marinel june
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Name: Alvin Jhon B.

Dumanon
Topic: Divisible and indivisible obligations

Article 1224

A joint indivisible obligation gives the 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.

Effect of non-compliance by a debtor in a joint indivisible obligation

If any one of the debtors does not comply with his undertaking in a joint indivisible obligation, the
obligation is converted into one for damages (i.e., to pay money). The creditor cannot demand
specific performance or rescission because there is no cause of action against the other debtors
who are willing to fulfill their promises.
The above provision has already been explained under Article 1209.

Article 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.

Obligations deemed indivisible


Divisible and indivisible obligations are not to be confused with divisible and indivisible contracts.
(see Art. 1420).

1. Obligations to give definite things and those which are not susceptible of partial performance
(par. 1.)

2. Obligations which are not susceptible of partial performance.(Ibid.)

3. Obligations provided by law 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
(par. 2.).

• 2. Obligations which have for their object the accomplishment of work by metrical units. (Ibid).

• 3. Obligations by which by their nature are susceptible of partial performance. (Ibid).

Divisibility or indivisibility in Obligations not to do

•In negative obligations not to do, the character of the prestation in each particular case shall
determine their divisibility or indivisibility.

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