section 5 divisible and indivisible obligations

Divisible obligations

Obligations that can be fulfilled in parts without affecting the essence of the obligation

Indivisible obligations

Obligations that cannot be fulfilled in parts because partial performance would defeat the purpose of the obligation

Divisible thing

A thing that can be physically or legally divided into parts without diminishing its value or utility

Indivisible thing

A thing that cannot be physically or legally divided without destroying its essence or value

Kinds of Division

1. Quantitative

2. Qualitative

3. Idea or intellectual

Quantitative division

When a thing can be physically split into equal parts that are the same, like splitting 10 books between B and C

Qualitative division

When a thing can be divided, but the parts are different from each other, like one person gets a car and another gets a land

Ideal or intellectual division

When the thing cannot be physically split, only ownership shares can be divided, like three heirs owning 1/3 each of one land parcel

Effect of breach of a joint indivisible obligation

All debtors are liable for the whole obligation, partial performance by one debtor does not discharge others

Obligations deemed indivisible

Obligations where the nature of the prestation, custom, or intention of the parties makes partial performance impossible

Divisibility or indivisibility in obligations not to do

Depends on the nature of the duty; whether it can be partly done or must be fully observed in each case