18 Questions
In a joint indivisible obligation, when does indemnity for damages arise?
When any debtor fails to comply with their undertaking
How does the divisibility or indivisibility of things affect obligations with only one debtor and one creditor?
It does not modify the provisions of Chapter 2 of the Title
What happens if a solidary debtor incurs delay after a fortuitous event results in loss or impossibility of performance?
Provisions from a preceding paragraph apply
Can a solidary debtor use defenses derived from the nature of the obligation in actions filed by the creditor?
Yes, in all cases
In a joint indivisible obligation, what portion of indemnity for damages can debtors who were ready to fulfill their promises contribute to?
They can contribute up to their corresponding portion
What can a solidary debtor do with defenses that pertain to other debtors' responsibilities?
Use them but only for his share of the debt
What type of obligation is demandable at once according to Article 1179?
Pure obligation
In conditional obligations, what does the acquisition of rights depend on as per Article 1181?
Happening of the event which constitutes the condition
Under what condition shall a conditional obligation be void according to Article 1182?
If it depends solely on the debtor's will
What effect do impossible conditions have on obligations according to Article 1183?
They make the obligations void
What happens to a divisible obligation if part of it is affected by an impossible condition according to Article 1183?
The affected part is invalid while the unaffected part remains valid
Under what circumstances is a condition not to do an impossible thing considered according to Article 1183?
As not having been agreed upon
Which obligations are deemed indivisible for the purposes of the preceding articles?
Obligations to give definite things and those which are not susceptible of partial performance
When is an obligation considered divisible according to the text?
All of the above
Even if the object or service is physically divisible, when can an obligation be considered indivisible?
Both a and b
In obligations not to do, how is divisibility or indivisibility determined?
By the character of the prestation in each particular case
In obligations with a penal clause, what does the penalty substitute?
Both a and b, if there is no stipulation to the contrary
When can the penalty be enforced in obligations with a penal clause?
All of the above
Study Notes
Solidary Debtors
- If a solidary debtor is delayed due to a judicial or extrajudicial demand, the provisions of the preceding paragraph apply.
- A solidary debtor can use all defenses derived from the nature of the obligation and those personal to him or his own share.
- A solidary debtor can also use defenses that personally belong to other debtors, but only for the part of the debt they are responsible for.
Divisible and Indivisible Obligations
- The divisibility or indivisibility of an obligation does not alter the provisions of Chapter 2 of this Title.
- A joint indivisible obligation gives rise to indemnity for damages from the time one of the debtors does not comply with their undertaking.
- Debtors who were ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price or value of the service.
Pure and Conditional Obligations
- An obligation whose performance does not depend on a future or uncertain event is demandable at once.
- An obligation with a resolutory condition is also demandable, without prejudice to the effects of the happening of the event.
- If a debtor binds himself to pay when his means permit, the obligation is deemed to be one with a period, subject to the provisions of Article 1197.
Conditional Obligations
- In conditional obligations, the acquisition of rights and the extinguishment or loss of those already acquired depend on the happening of the event that constitutes the condition.
- If the fulfillment of the condition depends on the sole will of the debtor, the conditional obligation is void.
- If the condition depends on chance or the will of a third person, the obligation takes effect in conformity with the Code.
Impossible Conditions
- Impossible conditions, those contrary to good customs or public policy, and those prohibited by law annul the obligation which depends on them.
- If the obligation is divisible, the part not affected by the impossible or unlawful condition is valid.
- A condition not to do an impossible thing is considered as not having been agreed upon.
Divisible and Indivisible Obligations (continued)
- Obligations to give definite things and those not susceptible of partial performance are deemed to be indivisible.
- Obligations with a physical object or service that can be partially performed are divisible, unless law or the parties intend otherwise.
- Divisibility or indivisibility of obligations not to do is determined by the character of the prestation in each particular case.
Obligations with a Penal Clause
- In obligations with a penal clause, the penalty substitutes the indemnity for damages and interests in case of noncompliance, unless there is a stipulation to the contrary.
- Damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation.
- The penalty may be enforced only when it is demandable in accordance with the Code.
- The debtor cannot exempt himself from the performance of the obligation by paying the penalty, unless this right has been expressly reserved for him.
Test your knowledge on legal obligations, solidary debtors, and the rights and defenses available to them in case of delay or impossibility of performance. This quiz covers key concepts from applicable laws and regulations.
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