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Answers - Module 6

This document defines and discusses divisible and indivisible obligations under Philippine law. It provides that an obligation is divisible if it can be partially fulfilled, and indivisible if not. Even if an object is physically divisible, the obligation can be deemed indivisible if the law or parties intend it. Four instances where obligations are indivisible are outlined, as well as three where they are divisible. Examples are provided to illustrate the classification and effects of divisible and indivisible obligations.

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Mika Molina
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160 views

Answers - Module 6

This document defines and discusses divisible and indivisible obligations under Philippine law. It provides that an obligation is divisible if it can be partially fulfilled, and indivisible if not. Even if an object is physically divisible, the obligation can be deemed indivisible if the law or parties intend it. Four instances where obligations are indivisible are outlined, as well as three where they are divisible. Examples are provided to illustrate the classification and effects of divisible and indivisible obligations.

Uploaded by

Mika Molina
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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I.

Definitions

Define or give the meaning of the following:

1. Divisible obligation.
An obligation is divisible when it is capable of partial fulfillment, as defined in
Article 1223 of the Civil Code.
2. Indivisible obligation.
As a counterpart of divisible obligation, an obligation is indivisible when it is not
capable of partial fulfillment.
3. Legal indivisibility.
Legal indivisibility occurs when a specific provision of law declares an obligation
as indivisible which its object or prestation is not divisible by nature.

II. Discussions

1. Explain: The divisibility of an obligation is different from the divisibility of the


thing which is the object thereof.
Under Article 1223, an obligation’s divisibility or indivisibility is not based on the
divisibility or indivisibility of its object. Hence, even the object may be physically
divisible, but the law or parties intend that the obligation is to be indivisible, it
will be considered as indivisible. If the objects cannot be physically divisible, it
will be an indivisible obligation based on the absolute rule.

2. What obligations are deemed indivisible?


Article 1225 states that there are four instances wherein the obligation is deemed
to be indivisible, these are: obligations to give definite things, obligations that are
not susceptible to partial performance, obligations provided by law to be
indivisible even if the thing or service is physically divisible, and obligations
intended by parties to be indivisible even of thing or service is physically
divisible.

3. What obligations are deemed divisible?

As stated also in Article 1225 there are three instances wherein an obligation is
deemed to be divisible. These are obligations which have for their object
execution of a certain number of days of work, obligations which have for their
object the accomplishment of work by metrical units, and obligations which are
susceptible of partial performance.

III. Problems

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

1. A and B bind themselves to pay C their loan of Php10,000 on a certain date. Is the
obligation divisible or indivisible?
The obligation here is classified as indivisible, because even though the object is
divisible, but the debtors intended the object to be indivisible as they will pay the
money on a particular date meaning it cannot be fulfilled partially or as an
installment.

2. 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.
Following Article 1224, since the liability here is joint which is to deliver a horse
and it is classified as indivisible. One of the debtors here failed to fulfill the
obligation, then it will be converted into the payment of damages. Whereas
debtors A and C will pay for their shares and are not liable for the share of B.
While B is also bound to pay D damages as depends on the creditor, which is D.

3. D finds himself to pay his loans of Php10,000 in four equal monthly installments.
Is the obligation of D divisible or indivisible?
This is a divisible obligation as stated in Article 1225, it is under obligations that
by nature are susceptible to partial fulfillment. Because P10,000 will be paid by
installment, then D will pay P2,500 every month for four months.

Reference:
S., D. L., & Jr, D. L. (2014). The Law on Obligations and Contracts. Manila: Rex Book
Store.

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