Divisible and Indivisible Obligations. Article 1223 to 1225. Obligations and Contracts. Civil Code.
Summary
Highlights
Explanation of Article 1223. A divisible obligation is one capable of partial fulfillment (e.g., delivering 200 kilos of sugar), while an indivisible obligation is not (e.g., delivering a specific car).
The controlling factor in determining divisibility is not the nature of the object itself, but the intention of the parties and the purpose of the obligation.
Clarification that the object of the obligation is the conduct or service (prestation) observed by the debtor, which must be distinguished from the object of the prestation itself.
Discussion on the effects of non-compliance in joint indivisible obligations. If one debtor fails to comply, the obligation transforms into one for damages, and innocent debtors are not liable beyond their respective shares.
Detailed breakdown of when obligations are deemed indivisible (e.g., specific things, performance of all parts) versus when they are deemed divisible (e.g., work by days or metrical units).
Conclusion clarifying that the physical divisibility of an object does not automatically make the obligation divisible; the legal nature of the obligation remains dependent on the law or the parties' agreement.