The Law on Obligations and

Contracts : Section 4.-Joint

and Solidary Obligations

Dave Alger L.Cabudoy

MACbert G. Dapin
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. (1139)
Article 1209 applies to joint indivisible
obligation because the prestation or object is not
susceptible of division, and solidarity is not
provided.

Example:

Gamay Juan and Cijohn tag dyies are jointly liable

to give Mark P a particular car. The obligation is
joint but since the object is indivisible, the
creditor must proceed against al the joint debtor.
If any of the joint debtors be insolvent , the
others shall not be liable for others.
Article 1210
The indivisibility of an obligation
does not necessarily give rise to
solidarity. Nor does solidarity of itself
imply indivisibility.
• An indivisible obligation is one where the
prestation or object cannot be performed by parts
without altering the essence or substance.

• Indivisibility refers to the character of a subject

matter or object of a contract which does not
permit its division or segregation without
destroying its essence or substance.

• Indivisibility refers to the subject matter while

solidarity refers to the tie between the parties
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.
An obligation can be indivisible and solidary at the
same time. Hence, an obligation can be:

Joint divisible obligation

Joint indivisible obligation

Solidary divisible obligation

Solidary indivisible obligation

Examples:

 Joint divisible obligation

Gasolito and Gamay nga Juan are jointly liable to Cijohn forP10, 000.

 Joint indivisible obligation

Gasolito and Gamay nga Juan are jointly liable to give Cijohn P their car.

 Solidary divisible obligation

Gasolito and Gamay nga Juan are solidarily liable to give Cijohn P P10, 000.

 Solidary indivisible obligation

GAsolito and Gamay nga Juan are solidarily liable to give Cijohn P their car.
Article 1211
Solidarity may exist although the
creditors and the debtors may not be
bound in the same manner and by the
same periods and conditions. (1140)
 The solidary character of the obligation is not
destroyed even if the creditors and debtors are
bound by different terms and conditions. The
solidarity is still preserved by recognizing in the
creditor the power of claiming from any or all
debtors the payment of the entire obligation.
Example :
V and W solidarily bound themselves to pay a total
of P10,000 to X, and Y and Z to the following
conditions:
X’s share will be due at the end of the year

Y will get his share only after he passes the board

exams

Z will get his share only after he painted the house

of X.
THANK YOU !