Oblicon Study Guide (10) PDF

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STUDY GUIDE 7Divisible and Indivisible ObligationI. DefinitionsDefine or give the meaning of the following: Divisible obligation;  Divisible obligation is one the object of which, in its delivery or performance, is capable of partial fulfillment. (Article 1223). Indivisible obligation;  Indivisibl...

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STUDY GUIDE 7 Divisible and Indivisible Obligation I. Definitions Define or give the meaning of the following: 1. Divisible obligation;  Divisible obligation is one the object of which, in its delivery or performance, is capable of partial fulfillment. (Article 1223).

2. Indivisible obligation;  Indivisible obligation is one the object of which in its delivery or performance, is not capable of partial fulfillment. (Article 1223).

3. Legal indivisibility.  Legal indivisibility is where a specific provision of law declares as indivisible, obligations which, by their nature, are divisible. (Article 1225).

II. Discussions 1. Explain: The divisibility of an obligation is different from the divisibility of the thing which is the object thereof. According to Article 1223, the divisibility of an obligation refers to the performance of the obligation which constitutes the object of the obligation, means if it the obligation itself can be performed partially. While, the divisibility of the thing talks about the object itself, if it can be shared proportionally.

2. What obligations are deemed indivisible? According to Article 1225, obligations are deemed indivisible when: 1) Obligations to give definite things. o It is based on the nature of the subject matter. o Example: To give a specific car. 2) Obligations which are not susceptible of partial performance. o When the performance should be performed one time as a whole. o Example: To sing a song in a concert.

3) Obligations provided by law to be indivisible even if thing or service is physically divisible. o Obligations are deemed indivisible if the law states that the obligation is indivisible even though, by their nature, they are divisible. o Example: Payment of tax. 4) Obligations intended by the parties to be indivisible even if thing or service is physically divisible. o When the parties wants the obligation should be indivisible or performed one whole at a time. o Example: Luffy to give 23,000 to Garp on January 2, 2021.

3. What obligations are deemed divisible? According to Article 1225, obligations are deemed divisible when: 1) Obligations which have for their object to execution of a certain number of days of work. o Example: Renovating a mansion. 2) Obligations which have for their object the accomplishment of work by metrical units. o Example: Usopp, Luffy, and Ace oblige themselves to deliver 600 gallons of water. 3) Obligations which by their nature are susceptible of partial performance. o The obligation of Ed Sheeran to performs a three-night concert.

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? Indivisible, because according to Article 1225, obligations become indivisible when they performed it, one whole at a time. In this case, the debtors will perform their obligation on the same date.

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. According to Article 1224, since the debtors did not comply with the obligation on time, their obligation, which is to deliver the horse will converted into one for damages, meaning that they would pay money. A and C are liable to give their shares to D, but they are not liable for the shares of B. However, B is liable to D and he should pay damages and the price of his shares to D.

3. D finds himself to pay his loans of P10,000 in four equal monthly installments. Is the obligation of D divisible or indivisible? Divisible, according to Article 1225, obligations which by their nature are susceptible of partial performance or installments are considered as divisible. However, the payment for each installment of P2,500 is considered indivisible....