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Example, Are Usually Divisible: The Employee Must Work Even If The Salary Is Not Paid On Time
Example, Are Usually Divisible: The Employee Must Work Even If The Salary Is Not Paid On Time
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]
example, are usually divisible: the employee must work even if the salary
is not paid on time.
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)
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
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.