OBLIGATIONS AND

CONTRACTS
ARTICLE 1209 AND ARTICLE 1210
ARTICLE 1209
• If the division is impossible, the right of the creditors may be
prejudiced only by their collective acts, and the debt can be enforced
only by proceeding against all the debtors. If one of the latter should
be insolvent, the others shall not be liable for his share.

     Source: Article 1139, Old Civil Code in modified from.

Applicability
• Article 1209 applies to joint indivisible obligation because the
prestation or object is not susceptible of division, and solidarity is not
provided.
• According to Manresa, for joint indivisible obligations:
     Debtors – the fulfillment of obligation requires the concurrence of
ALL the debtors (each for his part)
    Creditors – there has to be a collective action for acts which are
deemed prejudicial to the rights of the creditors.
Effects of Breach of a joint indivisible
obligations
• When there is plurality of debtors – compliance can be enforced by
proceeding against ALL of the debtors. If one of the debtors fails to
perform, the obligation can no longer be fulfilled because the prestation
or object is indivisible. In indivisible prestation, division is not possible.
• When there is plurality of creditors (but only one debtor) –  the obligation
can be performed only by the delivery of the thing to all the creditors
jointly.  The debtor must not deliver to just one unless that particular
person has been authorize by all the creditors to receive the delivery.
 Otherwise, the debtor may be liable for damages due to non-performance
of the obligation in consideration of the other creditors.
ARTICLE 1210
• The indivisibility of an obligation does not necessarily give rise to
solidarity. Nor does solidarity of itself imply indivisibility.
• Indivisible Obligations - refers to the character of a subject matter or
object of a contract which does not permit its division or segragation
without destroying its essence or substance.

     Example: An obligation to deliver a live horse. If the obligation be

made divisible, the horse will be delivered in pieces, in such a case the
essence of the object is destroyed.
Kinds of Indivisibility:
Legal indivisibility - indivisibility by operation of law

Conventional indivisibility - indivisibility by the agreement of the

parties; an obligation which is divisible by nature is made divisible by
the will of the parties

Solidary obligation - obligation where each debtor is liable for the

entire obligation, and each creditor is entitled to demand the
fulfillment of the whole obligation.
                BASIS                     INDIVISIBILITY                        SOLIDARITY

It refers to the prestation or object of It refers to the vinculum or tie 

           the contract. between the subject or parties of the
                          NATURE obligation.

      It does not require plurality of It requires plurality od subject or

subjects or parties. parties.
              NUMBER OF SUBJECTS

  It is converted into one of indemnity When there is breach of the

             EFFECT OF BREACH OF        for damages, as a result, indivisibility obligation, the liability of the solidary
                     OBLIGATION of the obligation is terminated and so debtors although converted into one
each debtor is liable only for his part of indemnity for damages shall
of the indemnity. remain solidary.

  
           EFFECT OF DEATH OF A          The heirs of the debtor remain bound The death of the debtor terminates
                        DEBTOR to perform the same prestation. the solidarity, the tie or vinculum
being intransmissible to the heirs.
An obligation can be indivisible and solidary at the same time. Hence,
an obligation can be:

1. Solidary divisible obligation

2. Solidary indivisible obligation
3. Joint indivisible obligation
4. Joint divisible obligation