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hi first and foremost before nothing
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simulant in lahat
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let me thank you again sebastian kilig
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upload school
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last september 25 now taiwan and 1000
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subscribers
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[Applause]
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i will continually include a schedule
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calling pagawan and manga
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video lectures for now simulanapunaten
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today we will continue parenza
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discussions and kinds of obligations
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classified according to performance
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and indivisible obligations that is
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article 12
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23 to 12 25
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somehow that is
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okay so article 12 23
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the divisibility or indivisibility of
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the things that are the object of the
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obligations
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in which there is only one debtor and
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only one creditor
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does not alter or modify the provisions
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of chapter two
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of this title so okay
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actually obviously this provision talks
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about
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the visibility or indivisibility of the
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things that are the object
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of the obligations so what is
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it divisible and indivisible obligations
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from the word itself divisible
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obligations
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capable of partial fulfillment for
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example
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to deliver 200 kilos of sugar
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tap was an indivisible obligation a man
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hindi capable of partial fulfillment
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so example nadito to deliver a
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specific car it's as simple as that
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okay now what are the kinds of
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indivisibility meron payon
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indivisible and obligation at all and
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third unnatural or absolute but
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unnatural object or prestations does not
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admit of division for example now i seem
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to give a particular
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car to sing a song that is a natural
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object mismo hindi pretty much
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indivisible
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okay now how about kinds of
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division
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divides the 200 kilos kilos of sugar
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sumagi ginseng 100 kilos of sugars
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second the man is in qualitative sodium
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irrespective
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and they agreed to divide their
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inheritance
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intellectual or moral it is one which is
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um consists or exists only in the minds
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of the parties
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the car is actually not separable in
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material way
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but only mentally okay so martin
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tayong test for the distinction
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in determining whether an obligation is
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divisible or not
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okay so so
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or hindi the controlling circumstance is
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not the possibility or impossibility of
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partial precision
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but the purpose of the obligation or the
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intention of
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the parties okay so young controlling
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circumstances in poor personal
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obligation
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intentional parties is it for to be
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um divisible obligation by or paramaging
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indivisible obligation talaga
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okay note also an obligation is presumed
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indivisible where there is only one
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creditor
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and only one detour so sina sabiriyani
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article 12
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23 so question an article 12
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to 83 by tomotokoi or applicable laments
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are real
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obligations meanings obligation to give
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lung a teen disobligation to do
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and not to do nasa it seems that it
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speaks only with the things
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the word is used in its broad sense
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meaning it is actually it is referring
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to the
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object or presentation of the obligation
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which may be to deliver a thing or to
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render some
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service okay just in case
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although i assume alumni nato since the
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discuss not nothing but actually the
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general provisions final obligations
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in discussions are elements
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non-obligations
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is the object of the obligations or
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stations
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until
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please note the object of the obligation
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always consists in an activity or
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conduct to be observed by the debtor
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towards the creditor
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this conduct to be observed is also
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known as
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depreciation iba an object of
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obligations
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object non-prestation okay let's take an
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example paramas claro
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in an obligation to deliver a car
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supposed bogie obliged himself to
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deliver a car to ganda
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by a second obligation young obligation
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is young
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another example if pogba obliged himself
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to build or construct a house for
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ganda obligation
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obligation to contract or build the
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house for ganda
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young playstation or young object
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non-obligation is guild or jung pak
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construct
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house parakai ganda tapos
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mismo object nang plus station
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okay malinova keep in mind but not in
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the union object
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of the obligation versus the object of
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the precision
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okay so now proceed the user examples
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paras article 12 23 karamazov
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agreed to pay gender 1000 pesos
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in four equal monthly installments so
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the obligation of pog is divisible
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because
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it is capable of partial performance
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installments pangai for equal
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installments
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tapos if pero paging agreement
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is that poggy will pay gundam a certain
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day say example
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on december 25 the full amount of 1000
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pesos so the obligation is
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indivisible although the money is
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physically divisible
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because the intention of the parties is
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that the obligation must be fulfilled at
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one time
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and as i as a whole meaning hindi
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partially
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summa gigging indivisible
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okay the divisibility of the obligation
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should not therefore be confused with
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the
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the visibility of the thing which is the
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object
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of the playstation right
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now poggy obliged himself to deliver to
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ganda
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a specific car on december 25
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so this obligation obviously probably
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balancing example is indivisible
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because it is not capable of partial
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performance
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today the car
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must be delivered at one time and as a
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whole now supposed the agreement is that
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foggy will deliver one half of the car
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on december 15
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and the other half of the car on
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december 30.
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and let's assume again
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that was later on half was the
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obligation be divisible or indivisible
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so the obligation is still indivisible
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and pogi must deliver the whole car
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either on december 15 or december 25
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okay that's it proceed typing article 12
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24. so before that explain like nothing
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elite young joint indivisible obligation
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but joint indivisible obligation your
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object
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obligation is indivisible and yet
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the parties are merely bound jointly
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remember how pakistan being object of
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the obligation
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you know so sana pagmana remake the
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young
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object of the obligation gets
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a behind union okay anyway discuss
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nothing using sabine article 12 24.
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is the discussion and effects of
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non-compliance by
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by a debtor in a joint indivisible
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obligation
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actually alumni nato
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if my debtors are joined indivisible
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obligations
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and hindi mahaprabhu obligation
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partner the obligation is transformed
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into one for
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damages to pay money arrestability
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article 12
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24 the debtors who may have been
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ready to fulfill their promises shall
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not contribute to the indemnity beyond
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the corresponding portion of the price
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of the thing
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or the value of the service in which the
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obligation
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consists so meaning that the innocent
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debtors shall not contribute beyond
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their respective shares of the
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obligations
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can say unfair he is after all
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ready and willing to comply with his
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obligations
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so meaning the obligation becomes a
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divisible one
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now let's compare this with solidarity
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application
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in a solidarity obligation the breach by
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a codector makes all debtors liable
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for damages the obligations remain
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solidary
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without prejudice to their right against
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the guilty or the negligent
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debtor so pak solidari kasinga once were
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all
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all for one sila so meaning
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young bridge or pogba
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liable for damages although
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meron wants a long right to go against
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that negligent or
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guilty death or so this is unlike the
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joint
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um indivisible obligation well
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actually this provision has already been
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explained under article 1209
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procedure 12 25
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so obviously an article nato
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talks about the rule para determinating
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and divisibility or indivisibility in an
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obligation
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i think settle data
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obligation is the controlling
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circumstance
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separate determine if the obligation is
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divisible or not
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divisible these rules applies not only
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to obligations to give but also
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to obligations to do and not to do
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so what are obligations not divisible
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at anonymous indivisible so anonymous
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having
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article 12 25 so paragraph
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one and three talks about
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talks about indivisible obligations in
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paragraph
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tuna man you know talks about divisible
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obligations
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so it is are deemed indivisible
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obligations
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so paragraph one so paragraph one my
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deliverance situation
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first is young obligation to give
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definite
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things thou you know indivisible with
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sabine
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is to deliver a specific car
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okay definitely
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not indivisible double second demand
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so articles of paragraph one is in
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obligation which are not susceptible of
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partial performance so example nadita is
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an obligation to render a dance
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demon wedding partial okay partially
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here so the obligation is indivisible by
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reason of its purpose which requires
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the performance of all the parts
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okay pero metanong is the obligation
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still indivisible with
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if there are more than one participant
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okay
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so paganita doubt the obligation becomes
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divisible
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as far as they participants are
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concerned kasim aramino participants of
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verinang
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parama gigging capable of partial
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performance nishas to the number of
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participants so
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proceed is a third paragraph
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indivisible obligations subbing
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even though the object or service may be
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physically divisible
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an obligation is indivisible if so
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provided by law
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or intended by the parties okay
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so divisible
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and physically divisible wedding divide
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perro pakistan
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it is indivisible indivisible perennial
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obligations nyan
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okay so another two scenarios
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of paragraph three
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when the obligation is so provided by
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not to be
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indivisible so example is in payment
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and taxed under the law taxes
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should be paid within a definite period
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so although money is physically
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divisible
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the amount of tax payable must be
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delivered as
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a whole the patient individual
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if it is intended by the parties to be
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indivisible
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right so example the obligation of
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boggy to give 1000 pesos to ganda in a
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certain date
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so obviously young money in the money is
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divisible
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but then the hell nyasa intention is
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intention parties is to give the
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full or young full amount of 1000 pesos
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at one time and as a
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whole whole soma gigging indivisible
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so the obligation becomes divisible as
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far as
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beauty and pogi are concerned
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1 000 pesos in parts 500k pogi when
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500k
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the obligation remains indivisible
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because its performance cannot be done
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in parts individual
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beauty is
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on due date right so proceed
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divisible so first when the obligation
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has for its
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object the execution of a certain
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numbers of
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days of work well it's as simple as
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when a laborer is hired to work for 10
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days
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you're done now another scenario deemed
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divisible freeze
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the accomplishment of work by metrical
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units
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so example is when a laborer is hired to
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construct a street
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3 meters wide and 50 meters long
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so biometrical units deemed divisible
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dosha
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and another scenario third part as a
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second paragraph
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is sabi or analogous things which
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by their nature are susceptible of
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partial performance
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so human obligations which is by their
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nature
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are susceptible now partial performance
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example in an installment basis
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or young obligation to teach obligation
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and contracts in one year
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so indivisible or when hiring a security
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guard
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to which will work from 8 pm to
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hangang sam de lingara for 6 months so
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you name an obligation that can be
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performed
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divisibly individually indivisibly liba
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so by its nature divisible talagasha
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okay orika plan the visible and
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indivisible obligations have nothing to
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do with the object of representations
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young misconception due to espanyon
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object nonprestigation
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is divisible by indivisible the new
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obligation
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hindi the obligation is dependent upon
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your
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nasa rule so the visibility of the
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object does not mean that the obligation
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is also divisible
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but the indivisibility of the object
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necessarily means now
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indivisible young obligation so example
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huh
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if x is supposed to deliver 1 000 kilos
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of
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sugar does this does not mean x can
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deliver sugar in installments
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right divisible young object
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nonprofition which is
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one thousand kilos of sugar but then
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kung's agreement is
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indivisible parenchya it does not
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necessarily follow
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the divisible and precision i mean
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object number station divisible
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obligation
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okay even though the object
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or the service may be physically
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divisible an
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obligation is indivisible is if it is
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provided by law or if it is
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intended by the parties now before we
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forget
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use the last paragraph divisibility or
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indivisibility in an obligations
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not to do so in negative obligations not
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to do
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the character of depreciation in each
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particular
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case shall be shall determine their
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divisibility or
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indivisibility okay so that's it
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that's article 12 25 and that's
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union topic nothing's a divisible and
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indivisible obligations
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thank you for watching until the end
00:22:01
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