ARTICLE 1222-1224

Cards (10)

  • What defenses can a solidary debtor avail himself of in actions filed by the creditor?

    Defenses derived from the nature of the obligation and personal defenses.
  • What are the defenses arising from the nature of the obligation for a solidary debtor?

    Payment, prescription, remission, statute of frauds, and vices of consent.
  • What are examples of defenses that are personal to a solidary debtor?

    Minority and insanity.
  • Under what condition can a solidary debtor avail himself of defenses personal to other solidary creditors?

    Only regarding the part of the debt for which the other creditors are responsible.
  • What is the difference between divisible and indivisible obligations?

    • Divisible: Can be performed partially (e.g., delivering 100 sacks of rice).
    • Indivisible: Cannot be performed partially (e.g., delivering a particular computer set).
  • What does it mean if a thing is indivisible due to its value being impaired disproportionately when divided?

    It means that dividing the thing would reduce its overall value significantly.
  • What happens when a debtor does not comply with a joint indivisible obligation?

    It gives rise to indemnity for damages from the time of non-compliance.
  • How is the liability of debtors in a joint indivisible obligation characterized?

    The liability is joint, meaning all debtors share responsibility for the obligation.
  • What is the consequence for debtors who were ready to fulfill their promises in a joint indivisible obligation?

    They shall not contribute to the indemnity beyond their corresponding portion of the obligation.
  • How does a joint indivisible obligation relate to Articles 1165, 1208, and 1209?

    • Article 1165: Discusses the obligation to indemnify for damages.
    • Article 1208: Addresses the effects of non-compliance.
    • Article 1209: Relates to the joint liability of debtors.