What is a joint indivisible obligation?

What is a joint indivisible obligation?

In a joint indivisible obligation, the debtors are bound only to the extent of their share in the obligation which can only be performed totally or completely, not partially. For example, A and B, who are a popular duet, are jointly bound to sing in a concert organized by C.

What is a divisible obligation?

An obligation is divisible when the object of the performance is susceptible of division. An obligation is indivisible when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division.

What are the characteristics of solidary obligations?

An obligation is solidary for the obligors when each obligor is liable for the whole performance in such a way that a whole performance rendered by one of the obligors relieves the others of liability toward the obligee.

What is joint and solidary obligations?

As explained by the Supreme Court: A solidary or joint and several obligation is one in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation.

What is solidary divisible obligation in law?

In solidary obligations, the debtor from whom the entire obligation is collected from has a right of reimbursement from his co- debtors of their respective shares. Likewise, the creditor who collected the entire obligation has the duty to distribute the shares pertaining to his co-creditors.

What obligations which are deemed indivisible?

According to Article 1225, obligations are deemed indivisible when:

• Obligations to give definite things.
• Obligations which are not susceptible of partial performance.
• Obligations provided by law to be indivisible even if thing or service is physically.

What are the main characteristics of an obligation with a penal clause?

What is a penal clause? A penal clause is another obligation attached to the principal one, requiring the payment or performance of something, or simply, requiring a greater responsibility, in case of noncompliance in order to assure performance or to deter nonperformance.

How does divisibility of things differ from divisibility of obligations?

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.

What is the difference between joint obligations and solidary obligations?

They relate to performances which by their nature have to be rendered in common by several debtors, bound to the creditor by a single contract. A joint obligation is distinguished from a solidary obligation in that the creditor in a joint obligation can take action only against all the debtors together.

What are the kinds of indivisibility under Art 1223?

Indivisibility is established by the common agreement of the parties, by the nature of the object of the obligation and by law. Annotators call these kinds of indivisibility conventional, natural or absolute and legal indivisibility. A and B agreed that the obligation shall be considered indivisible.

What is indivisibility law?

The doctrine of indivisibility (or indivisibility doctrine) was a legal doctrine in United States copyright law, which held that a copyright was a single, indivisible right that its owner could only assign as a whole.

What are the characteristics of an obligation?

An obligation is a legal bond (vinculum iuris) by which one or more parties (obligants) are bound to act or refrain from acting. An obligation thus imposes on the obligor a duty to perform, and simultaneously creates a corresponding right to demand performance by the obligee to whom performance is to be tendered.

What is the purpose of a joint indivisible obligation?

A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking.

When is an obligation a divisible or indivisible obligation?

Divisible and Indivisible obligations An obligation is divisible when the object of the performance is susceptible of division. An obligation is indivisible when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division.

When are two debtors bound to perform an obligation?

If two (or more, actually) debtors are jointly bound to perform an obligation, the creditor’s right to claim damages arises from the time that one of the debtors failed to do or give what is incumbent upon him.