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    Joint and Indivisible Obligations

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    rai barrameda
    The document discusses the concepts of joint and indivisible obligations. It explains that an obligation is considered joint when there are multiple subjects (debtors or creditors), and indivisible when the obligation cannot be partially performed. For example, delivering a specific cow to someone is a joint and indivisible obligation if it requires both debtors to collectively deliver the entire cow. If one debtor fails to perform, the creditor's remedy is to compel all debtors to perform or convert the obligation to damages, making it joint but divisible.

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    Joint and Indivisible Obligations

    Uploaded by

    rai barrameda
    535 views1 page
    The document discusses the concepts of joint and indivisible obligations. It explains that an obligation is considered joint when there are multiple subjects (debtors or creditors), and indivisible when the obligation cannot be partially performed. For example, delivering a specific cow to someone is a joint and indivisible obligation if it requires both debtors to collectively deliver the entire cow. If one debtor fails to perform, the creditor's remedy is to compel all debtors to perform or convert the obligation to damages, making it joint but divisible.

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    civil law

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    The document discusses the concepts of joint and indivisible obligations. It explains that an obligation is considered joint when there are multiple subjects (debtors or creditors), and indivisible when the obligation cannot be partially performed. For example, delivering a specific cow to someone is a joint and indivisible obligation if it requires both debtors to collectively deliver the entire cow. If one debtor fails to perform, the creditor's remedy is to compel all debtors to perform or convert the obligation to damages, making it joint but divisible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    535 views1 page

    Joint and Indivisible Obligations

    Uploaded by

    rai barrameda
    The document discusses the concepts of joint and indivisible obligations. It explains that an obligation is considered joint when there are multiple subjects (debtors or creditors), and indivisible when the obligation cannot be partially performed. For example, delivering a specific cow to someone is a joint and indivisible obligation if it requires both debtors to collectively deliver the entire cow. If one debtor fails to perform, the creditor's remedy is to compel all debtors to perform or convert the obligation to damages, making it joint but divisible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Joint and Indivisible Obligation

     Art 1210 – indivisibility of an obligation does not give rise to solidarity, neither solidarity will give
    rise to indivisibility
    o Why? Those 2 concepts refer to 2 diff situations
     Solidarity refers to tie (vinculum) that binds the subjects
     Indivisibility refers to object or prestation; if prestation is capable of partial
    performance, it is divisible; if not capable of partial performance, it is indivisible
     Joint- because subjects are plural; Indivisible – because the prestation is incapable of partial
    performance
    o Example (joint debtor) : A and B – obliged to deliver a specific cow to X
    o Example (joint creditor): A obliged to deliver a specific cow to X and Y; law presumes that XY
    are joint creditors
    o Difficulty: while obligation is joint, each one of the debtors is liable for his share or portion,
    not the entire; problem is, the object is incapable of partial performance (you cannot deliver
    just the head of the cow)
     For obligation to be performed, that requires the collective action of joint debtors
    or creditor
     Ex. A and B – sold particular car to X – were not able to deliver car on agreed date;
    so X sent demand only to A to compel A to make the delivery; will that make A in
    delay? No, because demand is not effective; if only addressed to A, he cannot
    perform the entire obligation because he is merely joint and liable for his portion of
    indebtedness; hence, X will have to address demand to both A and B
     EX. A – Obligation to deliver particular car to X and Y; only X made the demand, will
    that put A in delay? NO – because X cannot collect the entire credit; he is only
    entitled to portion of credit; this will require collective action of XY
     In case of insolvency of one; his share is separate and distinct from the others
     In case of breach of one of the debtors, what will be the remedy of creditor? A and
    B – ready to put out share but C is not; hence, can’t deliver the car. What will be the
    remedy of X?
     If specific performance, since the obligation is to deliver a determinate
    thing the remedy is to compel ABC to make delivery, then creditor will have
    to sue all joint debtors
     Obligation may be converted into payment of damages (recovery of
    damages) – obligation will cease to be joint and indivisible, it will now
    become a joint and divisible obligation.
    1. Can creditor sue only A or B or C? theoretically, YES, but subject to
    Rules of Procedure
    2. Damages can only be recovered from erring joint debtor

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