Law on Divisible and Indivisible Obligations

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In joint and solidary obligations, when is a paying debtor not entitled to reimbursement from co-debtors?

Both a and b

What is the prescriptive period for actions upon a written contract?

10 years

According to Article 1219, what effect does remission have on a solidary debtor?

The debtor remains responsible towards co-debtors

What happens if a debt is totally paid by one co-debtor before remission is effected?

The remaining co-debtors are still liable

What is the prescriptive period for actions based on oral contracts?

6 years

When can a solidary debtor not claim reimbursement from co-debtors according to Article 1218?

When the payment is made after the obligation has prescribed

In which of the following cases shall obligations be deemed indivisible?

Obligation to deliver a specific car

What type of obligation is deemed indivisible by law even if the thing or service is physically divisible?

Obligation to pay taxes within a definite period

Which type of obligation can be considered divisible?

Obligation to sing a song

What determines the divisibility or indivisibility of obligations not to do?

The nature of the prestation in each specific case

When can an obligation be considered indivisible even if the object or service is physically divisible?

When intended by the parties

Which of the following is an example of an obligation intended by the parties to be indivisible?

Obligation of D to give C P1,000 on a certain date

In alternative obligation, how many things are due alternatively even though there is only one obligation?

Two things

Who typically has the election to choose between the alternative obligations in alternative obligation?


What happens to the obligation in case of a fortuitous event in a simple obligation with no penal clause?

It remains unchanged

In facultative obligation, how many things are typically due despite the right of substitution?

One thing

What type of penal clause is imposed as a form of compensation for breach of contract?

Compensatory penal clause

In a joint or cumulative penal clause, which aspects of the contract are enforceable?

Both the obligation and the penal clause are enforceable

What is the main difference between a joint and a solidary obligation?

In joint obligations, the prestation due is different for each debtor, while in solidary obligations, the prestation due is the same for all debtors.

What is a characteristic of solidary obligations?

The prestation due is the same for all solidary creditors.

What does the essence of solidary obligations entail?

Each solidary creditor can demand and each debtor must satisfy the same prestation.

What is the basis of solidary obligations according to the text?

Legal fiction of mutual agency among those interested in the same obligation.

When does an obligation become solidary according to the text?

When the law explicitly requires solidarity.

What is a key characteristic of joint liability?

Debtors are not bound to render the entire compliance.

If B proves that the damage suffered is P25,000, how much penalty can he demand according to Article 1227?


What is the purpose of a penalty clause in an obligation, as mentioned in Section 6 - Obligations with a Penal Clause?

To secure compliance with the obligation

According to Article 1228, when can the penalty be demanded without proof of actual damages suffered by the creditor?

When partial compliance has occurred

In what scenario can the judge reduce the penalty equitably according to Article 1229?

When principal obligation is partly or irregularly complied with

Under what condition can a debtor exempt himself from the performance of an obligation by paying the penalty as per Article 1227?

When right to exemption is expressly reserved for him

Can a creditor demand both the fulfillment of an obligation and satisfaction of the penalty at the same time according to Article 1227?

No, unless explicitly granted that right

Test your knowledge on the divisibility of obligations as per the preceding articles. Learn about when obligations are deemed indivisible and when they are considered divisible based on their nature and characteristics.

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