Section 5 - Divisible and Indivisible Obligation

Cards (6)

  • 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. (1149)
  •  ART. 1224. A joint indivisible 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. (1150)
  • 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.
  • 1225(2) 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. (1151a)
  • Divisible-capable of partial performanceIndivisible-not capable of partial performanceNote: Even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties. (Art. 1225)
  • A joint indivisible sible job 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. (Art. 1224)