C3- Different Kinds of Obligation-S5
Divisible & Indivisible Obligation
ARTICLE 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)
Ang pagkakahati o ‘di pagkakahati ng bagay na nilalaman
ng mga obligasyon kung saan may isa lamang na
nangutang at isa lamang na nagpautang ay hindi binabago
ang probisyon ng Chapter 2 ng titulong ito.
Discussion:
Divisibility – is the susceptibility of an obligation to be
performed partially
Illustration: Obligation to deliver 100 pcs watches of a particular brand
and quality.
Indivisibility – is the non-susceptibility of an obligation for Example:
partial performance realizing the purpose of
which the obligation seeks to obtain.
Illustration: Obligation to deliver a particular car
Classification of Divisibility
1. Qualitative Division – divisibility depends on the quality of the thing; not
homogenous (e.g. Inheritance – real & personal
property)
2. Quantitative Division – divisibility depends on the numbers of the things;
homogeneous (e.g. 1000 hectares of land can divided
into how many parts)
3. Ideal Division – non-material divisibility; only mental & intellectual
(e.g. Corporation).
Kinds of Indivisibility
1. Legal Indivisibility – indivisibility provided by law
2. Conventional Indivisibility – indivisibility agreed upon by both parties
3. Natural Indivisibility – indivisibility by reason of the nature of the
object or subject matter of the obligation
Indivisibility (1) vs Solidarity (2)
1. (1) Indivisibility is the Nature of the obligation ;
(2) Solidarity is the “vinculum” or juridical tie existing between the
Parties
2. (1) one debtor & creditor involved in the obligations
(2) there must be at least be two debtors or creditor
3. (1) In indivisibility, does not consider the fault of one party as the fault
of others;
(2) In solidarity the fault of one is considered the fault of the
other
4. (1) The death of the debtor does not extinguish the prestation bec. the
heirs are bound to perform by the unfulfilled prestation.
(2) the debt of the debtor is not tranferred to heirs, therefore, terminates
the solidarity.
Illustration:
Divisible:
Mr. Nocom died intestate, leaving 1000 hectare parcel of land to his
heirs. The property can be divided to his heirs proportionately.
Indivisible:
Jun obtained a contract to deliver a 4×4 Toyota Pick up, fully automatic,
2016 model to Mau that she will use for Off-Road trip not later than
January 31. However, the only available model is a 2016 model
4×2 Toyota pick up, full automatic. Jun cannot deliver the pick up
available because the contract is non- susceptible for partial performance
realizing the purpose of which the obligation seeks to obtain. Jun has to
deliver the exact car model required.
ARTICLE 1224:
A joint indivisible obligation gives the 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.
Ang pinagsamang hindi mapaghihiwalay na obligasyon ay
maaaring magbigay ng kaukulang bayad pinsala simula noong
ang nangutang ay hindi makatupad sa kanyang pangako. Ang
nangutang na maaaring nang handa upang kanyang tuparin ang
kanyang pangako ay hindi na magbibigay ng kontribusyon para
sa bayad doon sa kung ano ang halaga ng isang bagay o halaga
ng serbisyo kung saan ay napapabilang ang obligasyon.
Mila and Ligaya promised jointly to give a specific car worth
P2,400,000 to Jose. In the meantime, the car is with Honda
Motors Co. Mila’s share is, therefore, P1,200,000. If Mila,
because of gambling, does not have the money, but Ligaya has
P1,200,000 it is clear that they cannot get the car from Honda
Motors Co. So they also cannot comply with their obligation of
delivering the car to Jose. Here, the obligation to give the car is
converted to a monetary obligation to give P2,400,000 to Jose.
Ligaya is not responsible for Mila’s insolvency, so she is duty
bound to give only P1, 200,000. Mila will be indebted to Jose
for her share of P1,200,000.
ARTICLE 1225:
For the purpose 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 has for its object the execution of a certain number of
days of work, the accomplishments of work by metrical
units, or analogous things which by their nature are
susceptible of partial performance, it shall be divisible.
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 obligation not to do, divisibility or indivisibility shall be
determined by the character of the prestation in each
particular case. (1151a)
Determination of Divisibility
- Divisibility of the object does not necessarily determine the
divisibility of obligation.
- Susceptibility of obligation determines if it can be partially
perform or not.
- Contrary or which the obligation seek to attain.
- Obligation can be indivisible even the object is divisible.
Factors which determine whether an obligation is divisible or indivisible.
(1)Will or intention of the parties(express or presumed)
(2)Objective or purpose of stipulated prestation
(3)Nature of thing
(4)Provisions of law affecting the prestation
Obligations deemed indivisible
- Obligation to give define things and those which are not
susceptible of partial performance.
Obligation shall be divisible
- 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 the object
Exception: Even through the object or drvice may be physically divisible, an
obligation is indivisible if so provided by law or intended by the
parties.
Divisibility or indivisibility in obligation not to do
- In obligation not to do Divisibility or indivisibility shall
determined by the character of the prestation in each particular
case.