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ART. 1208:
Art. 1223
Each creditor can demand only for the
Gen. Rule: The creditor cannot be compelled partially to payment of his proportionate share of the credit,
receive the prestation in which the obligation consists; while each debtor can be held liable only for the
the debtor cannot be required to make partial payments. payment of his proportionate share of the debt.
2. When the different prestations constituting the If there are two or more debtors, the
objects of the obligation are subject to different terms and fulfillment of or compliance with the
conditions; and obligation requires the concurrence of all of
the debtors, although each for his own share
3. When the obligation is in part liquidated and in If there are two or more creditors, the
part unliquidated. concurrence or collective act of all the creditors,
although each for his own share, is also necessary
for the enforcement of the obligation.
- When there is only one creditor and one debtor, the ART. 1224.
divisibility or indivisibility of obligation is of little A joint indivisible obligation gives rise to
significance. indemnity for damages from the time anyone of the
debtors does not comply with his undertaking. The
-When there is plurality of creditors and debtors, effect debtors who may have been ready to fulfill their
of divisible or indivisible character of the obligation shall promises shall not contribute to the indemnity beyond
depend whether obligation is joint or solidary. the corresponding portion of the price of the thing or of
the value of the service in which the obligation consists.
Solidary- governed by Art. 1211 to Art. 1222
ART. 1225: - obligee can recover not only penalty but also the
damages or interests resulting from the breach of the
Definite things and those not susceptible of partial principal obligation.
performance shall not be deemed indivisible.
ART. 1228:
When the obligation has for its object the execution of If penalty is fixed by contracting parties, proof of actual
number of days of work, accomplishment of work in damages suffered by the injured party is not necessary in
metrical units, shall be divisible. – Obligations to do order that penalty may be demanded.
Even if physically divisible, but the law or stipulation of However, if exceptions in Art 1226 is applicable, in order
parties provide otherwise, it shall be indivisible. to recover damages in addition to penalty, amount of
damages must be proved.
Obligations to give- divisible or indivisible nature of the
thing. ART. 1229:
Obligations not to do- shall depend upon the character of Judge may reduce the penalty:
the prestation in each particular case.
1. If the principal obligation has been partly complied
with
Section 6- Obligations with a penal clause 2. if the principal obligation has been irregularly
complied with
- one which has an accessory undertaking for the purpose 3. if the penalty is iniquitous or unconscionable even if
of insuring its performance by virtue of which the obligor there has been no performance.
is bound to pay a stipulated indemnity of perform a
stipulated prestation in case of breach. CHAPTER 2: Nature and effect of obligations:
3. Funcion estrcitamente penal- to punish obligor in case - when the law or stipulation of parties requires
of breach of the principal obligation. otherwise.
2. Purpose:
a. Compensatory- indemnifying damages Nature of right over the fruits:
b. Punitive- punishing the obligor
a. Personal right ( jus ad rem)- a right pertaining to a
3. Effect: person to demand from another, as a defi nite passive
a. Subsidiary- only one penalty may be demanded in subject, the fulfi llment of a prestation to give, to do or
case of breach of the obligation not to do.’’
b. Joint- injured party may demand enforcement of
both penalty and principal obligation. b. Real right (jus in re) - right pertaining to a person
over a specifi c thing, without a passive subject
ART. 1226 individually determined against whom such right may be
personally enforced
Gen. Rule: Penalty (enforced when it is demandable)
substitutes the indemnity for damages. Penalty is fixed by Rights of creditor in determinate obligations:
the contracting parties.
1. To compel specific performance
Exceptions: 2. To recover damages for breach of the obligation
1. When there is a stipulation to the contrary
2. When the obligor is sued for refusal to pay the agreed Rights of the creditor in generic obligations:
penalty
3. When the obligor is guilty of fraud. 1. To ask for performance of the obligation
2. To ask that the obligation be complied with at the
expense of the debtor.
3. To recover damages for breach of the obligation
Obligations of the debtor in determinate obligations: