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THE LAW ON OBLIGATIONS AND CONTRACTS

Chapter 3 Section 5: Divisible and Indivisible Obligations

STUDY GUIDE

Elaine Fiona R. Villafuerte


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 P10,000 on a certain date. Is the
obligation divisible or indivisible?

2. A, B and C oblige themselves jointly to deliver D a particular 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.

3. D finds himself to pay his loans of P10,000 in four equal monthly installments. Is the
obligation of D divisible or indivisible?

ANSWERS:
1. According to Article 1225. It is indivisible because it is stated on their contract that A
and B bounded themselves to pay C their loan of P10,000 on a certain date.

2. According to Article 1224, The obligation to deliver the horse is converted into money
obligation, it means that 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.
However, on the other hand, B is now indebted to D. Damages may be imposed against B
for the erring debtor if warranted by the circumstances.

3. According to Article 1225, loans to be paid by installments are deemed divisible


obligations. Although, each installment of P2,500 is indivisible.

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