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Section 5 Divisible and Indivisible Obligations

This document provides a study guide on divisible and indivisible obligations under Philippine law. It defines a divisible obligation as one that can be partially performed, while an indivisible obligation cannot. There are three types of division: qualitative, quantitative, and ideal or intellectual. There are also three types of indivisibility: legal, conventional, and natural or absolute. The study guide gives examples for each type of division and indivisibility.

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261 views2 pages

Section 5 Divisible and Indivisible Obligations

This document provides a study guide on divisible and indivisible obligations under Philippine law. It defines a divisible obligation as one that can be partially performed, while an indivisible obligation cannot. There are three types of division: qualitative, quantitative, and ideal or intellectual. There are also three types of indivisibility: legal, conventional, and natural or absolute. The study guide gives examples for each type of division and indivisibility.

Uploaded by

Matthew Mañalac
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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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CHAPTER III, SEC.

5 – Divisible and Indivisible Obligations (Articles 1223-1225)

SECTION 5
DIVISIBLE AND INDIVISIBLE OBLIGATIONS
(Arts. 1223-1225)

STUDY GUIDE : (WEEK 5 – 31 July)

1. Distinguish between a divisible and an indivisible obligation.–

(a) Divisible – an obligation the prestation of which is capable of partial


performance. (Example: to deliver 50 kilos of rice)

(b) Indivisible – an obligation the prestation of which is not capable of partial


performance. (Example: to deliver a refrigerator)

2. What are the kinds of division? Be able to distinguish and give an example for
each kind.

(a) Qualitative division – one based on quality.


(b) Quantitative division – one based on quantity.
(c) Ideal or intellectual division – one which exists only in the minds of the
parties.

3. What are the kinds of indivisibility?

(a) Legal – when an object or prestation, which is divisible by nature, is declared


indivisible by specific provision of law. (Art. 1225, par. 3)
(Example: The obligation to pay income taxes on or before April 15 every year.)

(b) Conventional – when an object or prestation, which is divisible by nature, is


declared indivisible by mutual agreement of the parties. (Art. 1225, par. 3)
(Example: D promised to pay C his P100,000 debt on August 1, 2015.)

(c) Natural or Absolute – when an object or prestation, by its very nature, is not
capable of division. (Art. 1225, par. 1)
(Example: D promised to deliver his car to C on August 1, 2015.)

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CHAPTER III, SEC. 5 – Divisible and Indivisible Obligations (Articles 1223-1225)

53

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