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)
Ang pagkakahati o ‘di pagkakahati ng bagay na nilalaman ng mga obligasyon kung saan may isa lamang na nangutang at isa lamang na nagpautang ay hindi binabago ang probisyon ng Chapter 2 ng titulong ito.
Discussion:
Divisibility – is the susceptibility of an obligation to be performed partially [ill. Obligation to deliver 100 pcs watches of a particular brand and quality]
Indivisibility – is the non-susceptibility of an obligation for partial performance realizing the purpose of which the obligation seeks to obtain. [ill. Obligation to deliver a particular car]
Classification of Divisibility
1.Qualitative Division – divisibility depends on the quality of the thing; not homogenous (e.g. Inheritance – real & personal property)
2.Quantitative Division – divisibility depends on the numbers of the things; homogeneous (e.g. 1000 hectares of land can divided into how many parts)
3.Ideal Division – non-material divisibility; only mental & intellectual (e.g. Corporation).
Kinds of Indivisibility
1.Legal Indivisibility – indivisibility provided by law
2.Conventional Indivisibility – indivisibility agreed upon by both parties
3.Natural Indivisibility– indivisibility by reason of the nature of the object or subject matter of the obligation
Indivisibility (1) vs Solidarity (2)
1.(1) Indivisibility is the Nature of the obligation ; (2) Solidarity is the “vinculum” or juridical tie existing between the parties
2.(1)one debtor & creditor involved in the obligations (2)there must be at least be two debtors or creditor
3.In indivisibility, does not consider the fault of one party as the fault of others; in solidarity the fault of one is considered the fault of the other
4.(1)The death of the debtor does not extinguish the prestation bec. the heirs are bound to perform by the unfulfilled prestation. (2) the debt of the debtor is not tranferred to heirs, therefore, terminates the solidarity.
**no case cited
Illustration:
Divisible:
Mr. Nocom died intestate, leaving 1000 hectare parcel of land to his heirs. The property can be divided to his heirs proportionately.
Indivisible:
Jun obtained a contract to deliver a 4×4 Toyota Pick up, fully automatic, 2016 model to Mau that she will use for Off-Road trip not later than January 31. However, the only available model is a 2016 model 4×2 Toyota pick up, full automatic. Jun cannot deliver the pick up available because the contract is non- susceptible for partial performance realizing the purpose of which the obligation seeks to obtain. Jun has to deliver the exact car model required.
Obligations and Contracts 