SECTION 5 Divisible and Indivisible Obligations
ART. 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)
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MEANING:
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● Divisible Obligation - one capable of partial performance.
● Indivisible Obligation - is one not capable of partial performance.
DISTINCTION:
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DIVISIBLE INDIVISIBLE
When the obligation has for its object the Obligations to give definite things
execution of a certain number of days of
work
When the obligation has for its object the Those not susceptible of partial
accomplishment of work by metrical units performance
Analogous things which by their nature Those where the object or service is
are susceptible of partial performance. physically divisible but it is indivisible by
provision of law
One creditor and only one debtor
KINDS OF DIVISION:
. Qualitative division - or one based on quality, nit on number or quantity of the things which
are the object of the obligation.
EX. Two heirs split an inheritance by taking different types of assets — one gets the car, the other
gets the jewelry.
. Quantitative division - or one based on quantity rather than on quality.
EX. Two partners divide a 100-acre farm equally, with each getting 50 acres.
. Ideal or intellectual division - or one which exists only in the mind of the parties
EX. Three siblings inherit a painting and agree to share ownership equally, without physically
dividing it.
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KINDS OF INDIVISIBILITY:
. Legal Indivisibility - specific provision of law declares indivisible
EX. A bank loan taken by three co-debtors is legally indivisible. The bank can demand full
repayment from any one of them, even if they agreed to split the amount among themselves.
. Conventional indivisibility - In some cases, the parties to a contract may agree that an
obligation, which could otherwise be divisible, will be treated as indivisible. The obligation is
indivisible due to a contractual agreement, rather than the nature of the object involved.
EX. an obligation to pay a sum of money could theoretically be divisible into installments, but the
parties might agree that payment must be made in full in a single transaction, thus making it
conventionally indivisible.
. Natural Indivisibility - Some obligations are indivisible by nature, meaning the object of the
obligation cannot be divided without altering its essence or value.
EX. For instance, an obligation to deliver a specific, unique item (like a work of art) is naturally
indivisible because splitting the object would destroy its value or essence.
WHEN THERE IS ONLY ONE CREDITOR AND ONE DEBTOR
The provisions of Chapter 2, Title 1 (Arts. 1163 to 1178) apply to both divisible and indivisible
obligations, where there is only one creditor and one debtor. Regardless of whether the obligation
can be divided (divisible) or not (indivisible), the debtor must perform the obligation completely.
According to Article 1248, unless agreed otherwise, the creditor cannot be forced to accept partial
performance. As per Article 1232, the obligation is only considered fulfilled when the entire object
or service has been delivered or rendered in full.
In short, even if the obligation could theoretically be divided, it must still be performed fully unless
otherwise agreed.
