OBLIGATIONS AND CONTRACTS | ART.

1223:

Divisible Obligation – one capable of partial performance | e.g. to deliver 200kgs of sugar.
Indivisible Obligation – one not capable of partial performance. | e.g. to deliver a specific
car.

INVISIBILITY vs. SOLIDARITY.

SOLIDARITY INDIVISIBILITY
a. Tie between the parties a. Nature of the obligation
b. Needs at least two debtors/creditors b. May exist even if there is only one
c. the fault of one is the fault of all debtor/creditor.
c. the fault of one is not the fault of all.

CLASSES/KINDS OF INDIVISIBILITY

Conventional Indivisibility – by common agreement.

Natural/Absolute indivisibility – caused by the nature of the object of undertaking.
Legal Indivisibility – provided by the law.

KINDS OF DIVISION

Quantitative Division – depends on quantity. | e.g. if 10 chairs are equally divided between
two brothers
Qualitative Division – depends on quality, irrespective of quantity. | e.g. if one child inherits
land, and another inherits cash.
Intellectual/Moral Division – one that exists merely in the mind, and not in the physical
reality. | e.g. My brother and I own in common a car. My one-half share is only in the mind.

OBLIGATIONS AND CONTRACTS | ART. 1224:

JOINT INDIVISIBLE OBLIGATION

The object is indivisible and the parties are merely bound jointly. | e.g. Mark and Jackson are
jointly bound to give a specific car to JB.

EFFECT OF NON-COMPLIANCE
~obligation is converted into monetary one for indemnity.

OBLIGATIONS AND CONTRACTS | ART. 1225: