Divisible Obligation
Divisible Obligation
Divisible Obligation
BSA 1-12
I. Definitions
Define or give the meaning of the following:
1. Divisible obligation
Is one the object of which, in its delivery or performance, is capable
of partial fulfillment. The purpose of the obligation or the intention of
the parties will determine whether an obligation is divisible or not.
Even though an object may be physically divisible, it can be
indivisible obligation if the law provides or intended by the parties.
2. Indivisible obligation
An indivisible obligation is one the object of which, in its delivery or
performance, is not capable of partial fulfillment. The absolute rule is
if the object is physically indivisible or the service is not susceptible
or partial performance, the intention of the parties is not necessary, it
will always be indivisible obligation.
3. Legal indivisibility
where a specific provision of law declares as indivisible, obligations
which, by their nature, are divisible.
II. Discussions
III. Problems