Chapter 3, Sec.5: Divisible and Indivisible Obligations

Tan, Rachel Jane M.
BSBA-MM
Join Obligation-One in which the contractors are jointly bound to perform the promise or obligation
therein…
solidary obligation,- or an obligation in solidum, is a type of obligation in the civil law jurisprudence that
allows either obligors to be bound together, each liable for the whole performance, or obligees to be
bound together, all owed just a single performance and each entitled to the entirety of it.
Active Solidarity
Passive – solidarity on the part of the debtors, where anyone of them can be made liable for the
fulfillment of the entire obligation.Example – A and B are solidary debtors of C in the amount of P 10,
0002.Active – solidarity on the part of the creditors, where anyone of them can demand the fulfillment
of the entire obligation.Example – A is liable to B and C for the amount of P10, 000. B and C are solidary
creditors.3.Mixed Solidarity – solidarity on the part of the debtors and creditors where each one of the
debtors is liable to render and each one of the creditors has a right to demand, entire compliance with
the obligation.Example – A and B are solidarity debtors to C and D, solidary creditors in the amount of
P 10, 000.
Solidarity not presumedThe presumption, where there are two or more persons in the same
obligation, is that it is joint. The reason is that solidary obligations are very burdensome for they create
unusual rights and liabilities. Solidarity between debtors increases their responsibility while solidarity
between creditors presuming that they are bound jointly and not solidarily.ART. 1209. If the division is
impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be
enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others
shall not be liable for his share.Indivisible Joint Obligation – The object is indivisible and the T/E
between the parties are merely proportionately liable.Example – A and B are jointly liable to give C a
particular car. The obligation is joint but since the object is indivisible, the creditor must proceed against
al the joint debtor. If any of the joint debtors be insolvent, the others shall not be liable for others.
ART. 1210.The indivisibility of an obligation does not necessarily give rise t solidarity. Nor does
solidarity of itself imply indivisibility. (n)Indivisibility as Distinguished from SolidarityIndivisibility refers
to the subject matter while solidarity refers to the Tie between the parties.Examples:1.Joint divisible
obligation – A and B are jointly liable to C for P10, 000.2.Joint indivisible obligation – A and B are jointly
liable to give C their car.3.Solidary divisible obligation – A and B are solidarily liable to give C P10,
000.4.Solidary indivisible obligation – A and B are solidarily liable to give C their car
Chapter 3, Sec.5: Divisible and Indivisible Obligations

DEFINITIONS
Define or give the meaning of the ff:
Divisible obligation – when the obligation is susceptible of partial performance.
Indivisible obligation – when the obligation is not susceptible of partial performance.
Legal of indivisibility – this is indivisibility by operation of law, whereby a law declares as
indivisible an obligation which has for its object a prestation that is not divisible by nature.
DISCUSSIONS
Explain: The divisibility of an obligation is different from the divisibility of the thing which is
the object thereof.
Answer: According to Art. 1223, the obligation’s divisibility or indivisibility is not
determined by the divisibility or indivisibility of its object. Even if the object is divisible
but the law or the parties intend the obligation to be indivisible, then it is indivisible.
But if the object is indivisible, the obligation is always indivisible as well.
What obligations are deemed indivisible?
Answer: Obligations deemed Indivisible Obligation provided by law to be indivisible
even if thing or service physically divisible.
What obligations are deemed divisible?
Answer: Obligations deemed Divisible Obligations which have for their the execution
of a certain number of days of work.
PROBLEMS
Explain or state briefly the rule or reason for your answer.
A and B bind themselves to pay C their loan of P10,000 on a certain date. Is the obligation
divisible or indivisible?
Answer: According to Art. 1225, Indivisible, as stated on the contract that A and B
bind themselves to pay C their loan P10,000 on a certain date.
A, B and C oblige themselves jointly to deliver to D a particulars horse on a certain date. The
agreement among A, B and C which was made known to D is that they will contribute the
amount in buying the horse. The horse was not delivered on the due date because of the failure
of B to give his share of the purchase price. State the rights and obligations of the parties.
Answer: According to Art. 1224, The obligation to deliver the horse is converted into
money obligation, meaning, A, B and C will contribute the amount in buying the
horse. A and C are liable to give their shares. But, A and C are not liable for the
share of B. On the other hand, B is now indebted to D. Damages may be imposed
against “B” the erring debtor if warranted by the circumstances.
D finds himself to pay his loans of P10,000 in four equal monthly installments. Is the
obligation of D divisible or indivisible?
Answer: Divisible. According to Art. 1225, loans to be paid by installments are
deemed divisible obligations. However, each installment of P2,500 is indivisible.
Chapter 3, Sec.6: Obligations with a Penal Clause
I. Definitions
Obligations with a penal clause – one which contains an accessory undertaking to pay a previously
stipulated indemnity in case of breach.
Penal clause – an accessory undertaking attached to an obligation to assume greater liability in case of
breach.
Joint penal clause - both the principal obligation and the penal clause can be enforced.
II. Discussions
What are the purposes of incorporating a penal clause to an obligation?
According to Art.1226, penal clauses are incorporated to obligations to insure their performance (to
make the consequence of breach as onerous as possible) and to substitute penalty for indemnity for
damages and payment of interests in noncompliance. The main purposes are reparation and
punishment. In an obligation with a penal clause, may the creditor still recover damages and interests in
addition to the stipulated penalty?
According to Art.1226, the creditor may still do so if it is stipulated by the parties, the obligor refuses to
pay the penalty (in which case the creditor may recover legal interest thereon), or the obligor is guilty of
fraud in the fulfillment of the obligation (in which case the creditor may recover damages caused by
such fraud).
In what cases may the debtor validly object to the enforcement of the stipulated penalty?
According to Art.1227, debtor may object the enforcement of penalty if there is performance on his part
or if the creditor already required fulfillment of obligation.
III. Problems
Has Y the right to refuse to accept the penalty in lieu of the horse?
Yes. According to Art.1227, X cannot exempt himself from delivering the horse by paying the penalty,
unless this right was reserved for him.
Can Y still enforce the penalty?
Yes. According to Art 1228, Y does not have to prove that he suffered damages in order
to demand the penalty. Since X violated the obligation, Y can enforce the penalty.
Is X liable for damages in addition to the penalty?No. According to Art.1226, X will only be liable for
damages if the stipulations so states, if X refuses to pay the penalty, or when there is fraud on X’s part.
Since there is only negligence and not fraud, Y cannot demand for damages in addition to the penalty
and X 4

Chapter 3, Sec.5: Divisible and Indivisible Obligations

Uploaded by

Copyright:

Available Formats

Chapter 3, Sec.5: Divisible and Indivisible Obligations

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Chapter 3, Sec.5: Divisible and Indivisible Obligations

Uploaded by

Copyright:

Available Formats

Tan, Rachel Jane M.

Chapter 3, Sec.5: Divisible and Indivisible Obligations

Explain or state briefly the rule or reason for your answer.

Chapter 3, Sec.6: Obligations with a Penal Clause

What are the purposes of incorporating a penal clause to an obligation?

Can Y still enforce the penalty?

You might also like