CHAPTER III, SEC.

5 – Divisible and Indivisible Obligations (Articles 1223-1225)

SECTION 5
DIVISIBLE AND INDIVISIBLE OBLIGATIONS
(Arts. 1223-1225)

STUDY GUIDE : (WEEK 5 – 31 July)

1. Distinguish between a divisible and an indivisible obligation.–

(a) Divisible – an obligation the prestation of which is capable of partial

performance. (Example: to deliver 50 kilos of rice)

(b) Indivisible – an obligation the prestation of which is not capable of partial

performance. (Example: to deliver a refrigerator)

2. What are the kinds of division? Be able to distinguish and give an example for
each kind.

(a) Qualitative division – one based on quality.

(b) Quantitative division – one based on quantity.
(c) Ideal or intellectual division – one which exists only in the minds of the
parties.

3. What are the kinds of indivisibility?

(a) Legal – when an object or prestation, which is divisible by nature, is declared

indivisible by specific provision of law. (Art. 1225, par. 3)
(Example: The obligation to pay income taxes on or before April 15 every year.)

(b) Conventional – when an object or prestation, which is divisible by nature, is

declared indivisible by mutual agreement of the parties. (Art. 1225, par. 3)
(Example: D promised to pay C his P100,000 debt on August 1, 2015.)

(c) Natural or Absolute – when an object or prestation, by its very nature, is not
capable of division. (Art. 1225, par. 1)
(Example: D promised to deliver his car to C on August 1, 2015.)

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CHAPTER III, SEC. 5 – Divisible and Indivisible Obligations (Articles 1223-1225)

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