Divisible and Indivisible Obligations. Article 1223 to 1225. Obligations and Contracts. Civil Code.

00:22:17
https://www.youtube.com/watch?v=X3vY3xbJVKU

Resumo

TLDRThe video covers the classification of obligations as divisible and indivisible based on performance and relates them to articles 1223 to 1225 in legal terms. It explains that divisible obligations can be partially fulfilled, such as the delivery of sugar, while indivisible obligations, like delivering a specific car, require complete fulfillment. The intention of the parties involved is crucial in determining the nature of the obligation. Additionally, the video highlights the differences between joint indivisible obligations and solidary obligations, emphasizing how each handles non-compliance among debtors. The explanation includes numerous examples, such as obligations to deliver objects or perform services, to clarify these concepts.

Conclusões

  • 📜 Article 1223 discusses the divisibility of obligations when there is one debtor and creditor.
  • 🚚 Divisible obligations can be partially fulfilled, like delivering 200 kilos of sugar.
  • 🚗 Indivisible obligations require complete fulfillment, such as delivering a specific car.
  • 🧠 The intention of the parties determines whether an obligation is divisible.
  • 💰 Money obligations can be indivisible despite its physical divisibility if intended to be paid all at once.
  • 🤝 Joint indivisible obligations become obligations for damages if one debtor breaches.
  • 🔗 Solidary obligations make all debtors liable if one breaches.
  • 🛠 Divisible obligations include those based on measurable units or specific time commitments.
  • 📃 Article 1225 provides rules to determine the nature of an obligation's divisibility.
  • 🕵️‍♂️ The purpose of the obligation is a key factor in its divisibility.

Linha do tempo

  • 00:00:00 - 00:05:00

    The discussion begins with thanks from Sebastian for reaching 1,000 subscribers and a brief introduction to the topic of divisible and indivisible obligations, focusing on Articles 1223 to 1225. The concept of divisibility in obligations is introduced, explaining that divisible obligations allow for partial fulfillment, such as delivering a quantity of sugar, while indivisible obligations do not, like delivering a specific car. The speaker distinguishes between different types of indivisibility, including natural or absolute, where the object does not admit division, and emphasizes the importance of the intention of the parties in determining divisibility.

  • 00:05:00 - 00:10:00

    The explanation continues about controlling circumstances in determining if an obligation is divisible, highlighting that it involves the purpose or the intention of the parties, not just the capability of partial compliance. The obligation is presumed indivisible with only one debtor and one creditor. The objective or prestation of obligations, which is an activity or conduct, is further clarified, using examples like delivery of a car or construction of a house. An emphasis is placed on the difference between the object of the obligation and the prestation, reiterated with examples to clarify how divisible obligations can be based on installment agreements or specific conditions laid by the parties.

  • 00:10:00 - 00:15:00

    The discussion moves to joint indivisible obligations, where, despite the object's indivisibility, parties are bound jointly. Article 1224 is highlighted, explaining that in joint indivisible obligations, unfulfilled obligations transform into monetary damages. Comparison is made with solidary obligations, where breach by one makes all liable, yet here, indivisible obligation defaults to being divisible in terms of liability to the extent of individual shares. Article 1225 is introduced, explaining principles to determine divisibility or indivisibility across different obligations, emphasizing subjective criticality stemming from the parties' intent or legal provision.

  • 00:15:00 - 00:22:17

    Further explanation is given on articles and scenarios regarding indivisible obligations as per Article 1225, discussing situations like delivering specific items or services inherently indivisible and obligations provided by law to be indivisible. Examples elucidate scenarios where obligations can be divisible based on work days, metrical tasks, or analogous actions susceptible to partial fulfillment. Concluding remarks address misconceptions of equating the divisibility of the object/prestation with the obligation's divisibility, clarifying that an indivisible object necessitates an indivisible obligation, while a divisible object does not mean a divisible obligation. The video ends with a summary of the concepts and a thanks to the viewers.

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Mapa mental

Mind Map

Perguntas frequentes

  • What is article 1223 about?

    Article 1223 discusses the divisibility or indivisibility of obligations when there is one debtor and one creditor.

  • What is a divisible obligation?

    A divisible obligation is capable of partial fulfillment, such as delivering 200 kilos of sugar.

  • What makes an obligation indivisible?

    An obligation is indivisible when it cannot be partially fulfilled, such as delivering a specific car.

  • How does the intention of the parties affect the divisibility of an obligation?

    The intention of the parties determines whether an obligation is divisible or indivisible.

  • Is money considered divisible or indivisible in obligations?

    While money is physically divisible, obligations regarding money can be indivisible if intended by the parties to be fulfilled as a whole at one time.

  • What happens in joint indivisible obligations if one debtor fails to comply?

    In joint indivisible obligations, if one debtor fails, the obligation becomes one for damages to be paid.

  • How do solidary obligations differ from joint indivisible obligations?

    In solidary obligations, if one debtor breaches, all are liable for damages, unlike in joint indivisible obligations.

  • Can divisible objects make an obligation divisible?

    A divisible object does not automatically make the obligation divisible; the law or intention of the parties must dictate it so.

  • What are examples of divisible obligations?

    Obligations for a certain number of work days or by metrical units, like constructing a street, are divisible.

  • What does article 1225 pertain to?

    Article 1225 discusses the rules for determining divisibility or indivisibility in obligations.

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  • 00:00:00
    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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    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
  • 00:02:48
    to give a particular
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    car to sing a song that is a natural
  • 00:02:53
    object mismo hindi pretty much
  • 00:02:56
    indivisible
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    okay now how about kinds of
  • 00:03:01
    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
  • 00:03:46
    inheritance
  • 00:04:12
    intellectual or moral it is one which is
  • 00:04:15
    um consists or exists only in the minds
  • 00:04:18
    of the parties
  • 00:04:40
    the car is actually not separable in
  • 00:04:42
    material way
  • 00:04:43
    but only mentally okay so martin
  • 00:04:47
    tayong test for the distinction
  • 00:04:50
    in determining whether an obligation is
  • 00:04:52
    divisible or not
  • 00:04:53
    okay so so
  • 00:04:57
    or hindi the controlling circumstance is
  • 00:05:00
    not the possibility or impossibility of
  • 00:05:02
    partial precision
  • 00:05:04
    but the purpose of the obligation or the
  • 00:05:07
    intention of
  • 00:05:08
    the parties okay so young controlling
  • 00:05:10
    circumstances in poor personal
  • 00:05:12
    obligation
  • 00:05:14
    intentional parties is it for to be
  • 00:05:17
    um divisible obligation by or paramaging
  • 00:05:21
    indivisible obligation talaga
  • 00:05:23
    okay note also an obligation is presumed
  • 00:05:27
    indivisible where there is only one
  • 00:05:30
    creditor
  • 00:05:31
    and only one detour so sina sabiriyani
  • 00:05:34
    article 12
  • 00:05:35
    23 so question an article 12
  • 00:05:39
    to 83 by tomotokoi or applicable laments
  • 00:05:42
    are real
  • 00:05:43
    obligations meanings obligation to give
  • 00:05:46
    lung a teen disobligation to do
  • 00:05:48
    and not to do nasa it seems that it
  • 00:05:51
    speaks only with the things
  • 00:05:54
    the word is used in its broad sense
  • 00:05:57
    meaning it is actually it is referring
  • 00:06:00
    to the
  • 00:06:01
    object or presentation of the obligation
  • 00:06:04
    which may be to deliver a thing or to
  • 00:06:06
    render some
  • 00:06:08
    service okay just in case
  • 00:06:11
    although i assume alumni nato since the
  • 00:06:14
    discuss not nothing but actually the
  • 00:06:16
    general provisions final obligations
  • 00:06:18
    in discussions are elements
  • 00:06:20
    non-obligations
  • 00:06:22
    is the object of the obligations or
  • 00:06:25
    stations
  • 00:06:32
    until
  • 00:06:37
    please note the object of the obligation
  • 00:06:40
    always consists in an activity or
  • 00:06:44
    conduct to be observed by the debtor
  • 00:06:46
    towards the creditor
  • 00:06:48
    this conduct to be observed is also
  • 00:06:50
    known as
  • 00:06:52
    depreciation iba an object of
  • 00:06:55
    obligations
  • 00:06:56
    object non-prestation okay let's take an
  • 00:07:00
    example paramas claro
  • 00:07:02
    in an obligation to deliver a car
  • 00:07:05
    supposed bogie obliged himself to
  • 00:07:07
    deliver a car to ganda
  • 00:07:09
    by a second obligation young obligation
  • 00:07:13
    is young
  • 00:07:38
    another example if pogba obliged himself
  • 00:07:41
    to build or construct a house for
  • 00:07:44
    ganda obligation
  • 00:07:49
    obligation to contract or build the
  • 00:07:52
    house for ganda
  • 00:07:53
    young playstation or young object
  • 00:07:55
    non-obligation is guild or jung pak
  • 00:07:58
    construct
  • 00:07:59
    house parakai ganda tapos
  • 00:08:03
    mismo object nang plus station
  • 00:08:07
    okay malinova keep in mind but not in
  • 00:08:11
    the union object
  • 00:08:13
    of the obligation versus the object of
  • 00:08:15
    the precision
  • 00:08:18
    okay so now proceed the user examples
  • 00:08:22
    paras article 12 23 karamazov
  • 00:08:28
    agreed to pay gender 1000 pesos
  • 00:08:31
    in four equal monthly installments so
  • 00:08:34
    the obligation of pog is divisible
  • 00:08:36
    because
  • 00:08:37
    it is capable of partial performance
  • 00:08:41
    installments pangai for equal
  • 00:08:44
    installments
  • 00:08:45
    tapos if pero paging agreement
  • 00:08:48
    is that poggy will pay gundam a certain
  • 00:08:50
    day say example
  • 00:08:52
    on december 25 the full amount of 1000
  • 00:08:56
    pesos so the obligation is
  • 00:08:57
    indivisible although the money is
  • 00:09:00
    physically divisible
  • 00:09:02
    because the intention of the parties is
  • 00:09:03
    that the obligation must be fulfilled at
  • 00:09:05
    one time
  • 00:09:06
    and as i as a whole meaning hindi
  • 00:09:09
    partially
  • 00:09:11
    summa gigging indivisible
  • 00:09:14
    okay the divisibility of the obligation
  • 00:09:17
    should not therefore be confused with
  • 00:09:20
    the
  • 00:09:21
    the visibility of the thing which is the
  • 00:09:24
    object
  • 00:09:24
    of the playstation right
  • 00:09:28
    now poggy obliged himself to deliver to
  • 00:09:30
    ganda
  • 00:09:31
    a specific car on december 25
  • 00:09:34
    so this obligation obviously probably
  • 00:09:37
    balancing example is indivisible
  • 00:09:40
    because it is not capable of partial
  • 00:09:42
    performance
  • 00:09:46
    today the car
  • 00:09:50
    must be delivered at one time and as a
  • 00:09:53
    whole now supposed the agreement is that
  • 00:09:57
    foggy will deliver one half of the car
  • 00:09:59
    on december 15
  • 00:10:00
    and the other half of the car on
  • 00:10:02
    december 30.
  • 00:10:04
    and let's assume again
  • 00:10:10
    that was later on half was the
  • 00:10:14
    obligation be divisible or indivisible
  • 00:10:18
    so the obligation is still indivisible
  • 00:10:22
    and pogi must deliver the whole car
  • 00:10:25
    either on december 15 or december 25
  • 00:10:29
    okay that's it proceed typing article 12
  • 00:10:33
    24. so before that explain like nothing
  • 00:10:37
    elite young joint indivisible obligation
  • 00:10:40
    but joint indivisible obligation your
  • 00:10:42
    object
  • 00:10:43
    obligation is indivisible and yet
  • 00:10:46
    the parties are merely bound jointly
  • 00:10:50
    remember how pakistan being object of
  • 00:10:52
    the obligation
  • 00:10:54
    you know so sana pagmana remake the
  • 00:10:57
    young
  • 00:10:58
    object of the obligation gets
  • 00:11:01
    a behind union okay anyway discuss
  • 00:11:05
    nothing using sabine article 12 24.
  • 00:11:09
    is the discussion and effects of
  • 00:11:11
    non-compliance by
  • 00:11:13
    by a debtor in a joint indivisible
  • 00:11:15
    obligation
  • 00:11:16
    actually alumni nato
  • 00:11:19
    if my debtors are joined indivisible
  • 00:11:22
    obligations
  • 00:11:23
    and hindi mahaprabhu obligation
  • 00:11:27
    partner the obligation is transformed
  • 00:11:30
    into one for
  • 00:11:31
    damages to pay money arrestability
  • 00:11:34
    article 12
  • 00:11:35
    24 the debtors who may have been
  • 00:11:39
    ready to fulfill their promises shall
  • 00:11:42
    not contribute to the indemnity beyond
  • 00:11:44
    the corresponding portion of the price
  • 00:11:46
    of the thing
  • 00:11:47
    or the value of the service in which the
  • 00:11:50
    obligation
  • 00:11:51
    consists so meaning that the innocent
  • 00:11:54
    debtors shall not contribute beyond
  • 00:11:56
    their respective shares of the
  • 00:11:58
    obligations
  • 00:11:59
    can say unfair he is after all
  • 00:12:03
    ready and willing to comply with his
  • 00:12:05
    obligations
  • 00:12:07
    so meaning the obligation becomes a
  • 00:12:10
    divisible one
  • 00:12:11
    now let's compare this with solidarity
  • 00:12:14
    application
  • 00:12:15
    in a solidarity obligation the breach by
  • 00:12:18
    a codector makes all debtors liable
  • 00:12:20
    for damages the obligations remain
  • 00:12:23
    solidary
  • 00:12:24
    without prejudice to their right against
  • 00:12:26
    the guilty or the negligent
  • 00:12:27
    debtor so pak solidari kasinga once were
  • 00:12:31
    all
  • 00:12:31
    all for one sila so meaning
  • 00:12:35
    young bridge or pogba
  • 00:12:42
    liable for damages although
  • 00:12:45
    meron wants a long right to go against
  • 00:12:47
    that negligent or
  • 00:12:49
    guilty death or so this is unlike the
  • 00:12:53
    joint
  • 00:12:54
    um indivisible obligation well
  • 00:12:57
    actually this provision has already been
  • 00:12:59
    explained under article 1209
  • 00:13:02
    procedure 12 25
  • 00:13:06
    so obviously an article nato
  • 00:13:09
    talks about the rule para determinating
  • 00:13:13
    and divisibility or indivisibility in an
  • 00:13:15
    obligation
  • 00:13:17
    i think settle data
  • 00:13:20
    obligation is the controlling
  • 00:13:22
    circumstance
  • 00:13:24
    separate determine if the obligation is
  • 00:13:26
    divisible or not
  • 00:13:27
    divisible these rules applies not only
  • 00:13:30
    to obligations to give but also
  • 00:13:33
    to obligations to do and not to do
  • 00:13:36
    so what are obligations not divisible
  • 00:13:40
    at anonymous indivisible so anonymous
  • 00:13:43
    having
  • 00:13:44
    article 12 25 so paragraph
  • 00:13:47
    one and three talks about
  • 00:13:51
    talks about indivisible obligations in
  • 00:13:53
    paragraph
  • 00:13:54
    tuna man you know talks about divisible
  • 00:13:56
    obligations
  • 00:13:58
    so it is are deemed indivisible
  • 00:14:02
    obligations
  • 00:14:03
    so paragraph one so paragraph one my
  • 00:14:06
    deliverance situation
  • 00:14:08
    first is young obligation to give
  • 00:14:10
    definite
  • 00:14:11
    things thou you know indivisible with
  • 00:14:14
    sabine
  • 00:14:18
    is to deliver a specific car
  • 00:14:21
    okay definitely
  • 00:14:25
    not indivisible double second demand
  • 00:14:29
    so articles of paragraph one is in
  • 00:14:31
    obligation which are not susceptible of
  • 00:14:33
    partial performance so example nadita is
  • 00:14:37
    an obligation to render a dance
  • 00:14:39
    demon wedding partial okay partially
  • 00:14:49
    here so the obligation is indivisible by
  • 00:14:51
    reason of its purpose which requires
  • 00:14:54
    the performance of all the parts
  • 00:14:57
    okay pero metanong is the obligation
  • 00:15:00
    still indivisible with
  • 00:15:02
    if there are more than one participant
  • 00:15:05
    okay
  • 00:15:06
    so paganita doubt the obligation becomes
  • 00:15:09
    divisible
  • 00:15:10
    as far as they participants are
  • 00:15:12
    concerned kasim aramino participants of
  • 00:15:14
    verinang
  • 00:15:15
    parama gigging capable of partial
  • 00:15:17
    performance nishas to the number of
  • 00:15:19
    participants so
  • 00:15:22
    proceed is a third paragraph
  • 00:15:28
    indivisible obligations subbing
  • 00:15:33
    even though the object or service may be
  • 00:15:36
    physically divisible
  • 00:15:37
    an obligation is indivisible if so
  • 00:15:40
    provided by law
  • 00:15:41
    or intended by the parties okay
  • 00:15:44
    so divisible
  • 00:15:48
    and physically divisible wedding divide
  • 00:15:51
    perro pakistan
  • 00:15:55
    it is indivisible indivisible perennial
  • 00:15:59
    obligations nyan
  • 00:16:01
    okay so another two scenarios
  • 00:16:04
    of paragraph three
  • 00:16:12
    when the obligation is so provided by
  • 00:16:15
    not to be
  • 00:16:16
    indivisible so example is in payment
  • 00:16:19
    and taxed under the law taxes
  • 00:16:22
    should be paid within a definite period
  • 00:16:25
    so although money is physically
  • 00:16:27
    divisible
  • 00:16:28
    the amount of tax payable must be
  • 00:16:31
    delivered as
  • 00:16:32
    a whole the patient individual
  • 00:16:47
    if it is intended by the parties to be
  • 00:16:50
    indivisible
  • 00:16:51
    right so example the obligation of
  • 00:16:56
    boggy to give 1000 pesos to ganda in a
  • 00:16:59
    certain date
  • 00:17:00
    so obviously young money in the money is
  • 00:17:02
    divisible
  • 00:17:03
    but then the hell nyasa intention is
  • 00:17:07
    intention parties is to give the
  • 00:17:10
    full or young full amount of 1000 pesos
  • 00:17:13
    at one time and as a
  • 00:17:14
    whole whole soma gigging indivisible
  • 00:17:34
    so the obligation becomes divisible as
  • 00:17:37
    far as
  • 00:17:37
    beauty and pogi are concerned
  • 00:17:41
    1 000 pesos in parts 500k pogi when
  • 00:17:44
    500k
  • 00:17:55
    the obligation remains indivisible
  • 00:17:58
    because its performance cannot be done
  • 00:18:00
    in parts individual
  • 00:18:02
    beauty is
  • 00:18:08
    on due date right so proceed
  • 00:18:25
    divisible so first when the obligation
  • 00:18:29
    has for its
  • 00:18:30
    object the execution of a certain
  • 00:18:32
    numbers of
  • 00:18:33
    days of work well it's as simple as
  • 00:18:37
    when a laborer is hired to work for 10
  • 00:18:40
    days
  • 00:18:41
    you're done now another scenario deemed
  • 00:18:44
    divisible freeze
  • 00:18:48
    the accomplishment of work by metrical
  • 00:18:51
    units
  • 00:18:52
    so example is when a laborer is hired to
  • 00:18:56
    construct a street
  • 00:18:58
    3 meters wide and 50 meters long
  • 00:19:02
    so biometrical units deemed divisible
  • 00:19:05
    dosha
  • 00:19:07
    and another scenario third part as a
  • 00:19:11
    second paragraph
  • 00:19:12
    is sabi or analogous things which
  • 00:19:16
    by their nature are susceptible of
  • 00:19:18
    partial performance
  • 00:19:20
    so human obligations which is by their
  • 00:19:23
    nature
  • 00:19:24
    are susceptible now partial performance
  • 00:19:28
    example in an installment basis
  • 00:19:34
    or young obligation to teach obligation
  • 00:19:38
    and contracts in one year
  • 00:19:40
    so indivisible or when hiring a security
  • 00:19:44
    guard
  • 00:19:44
    to which will work from 8 pm to
  • 00:19:48
    hangang sam de lingara for 6 months so
  • 00:19:52
    you name an obligation that can be
  • 00:19:54
    performed
  • 00:19:56
    divisibly individually indivisibly liba
  • 00:19:59
    so by its nature divisible talagasha
  • 00:20:03
    okay orika plan the visible and
  • 00:20:06
    indivisible obligations have nothing to
  • 00:20:08
    do with the object of representations
  • 00:20:11
    young misconception due to espanyon
  • 00:20:13
    object nonprestigation
  • 00:20:15
    is divisible by indivisible the new
  • 00:20:17
    obligation
  • 00:20:18
    hindi the obligation is dependent upon
  • 00:20:22
    your
  • 00:20:22
    nasa rule so the visibility of the
  • 00:20:26
    object does not mean that the obligation
  • 00:20:29
    is also divisible
  • 00:20:30
    but the indivisibility of the object
  • 00:20:33
    necessarily means now
  • 00:20:35
    indivisible young obligation so example
  • 00:20:38
    huh
  • 00:20:38
    if x is supposed to deliver 1 000 kilos
  • 00:20:42
    of
  • 00:20:42
    sugar does this does not mean x can
  • 00:20:45
    deliver sugar in installments
  • 00:20:48
    right divisible young object
  • 00:20:50
    nonprofition which is
  • 00:20:52
    one thousand kilos of sugar but then
  • 00:20:55
    kung's agreement is
  • 00:21:00
    indivisible parenchya it does not
  • 00:21:03
    necessarily follow
  • 00:21:05
    the divisible and precision i mean
  • 00:21:08
    object number station divisible
  • 00:21:11
    obligation
  • 00:21:12
    okay even though the object
  • 00:21:16
    or the service may be physically
  • 00:21:18
    divisible an
  • 00:21:19
    obligation is indivisible is if it is
  • 00:21:22
    provided by law or if it is
  • 00:21:24
    intended by the parties now before we
  • 00:21:27
    forget
  • 00:21:28
    use the last paragraph divisibility or
  • 00:21:31
    indivisibility in an obligations
  • 00:21:34
    not to do so in negative obligations not
  • 00:21:37
    to do
  • 00:21:37
    the character of depreciation in each
  • 00:21:40
    particular
  • 00:21:41
    case shall be shall determine their
  • 00:21:43
    divisibility or
  • 00:21:45
    indivisibility okay so that's it
  • 00:21:47
    that's article 12 25 and that's
  • 00:21:51
    union topic nothing's a divisible and
  • 00:21:53
    indivisible obligations
  • 00:21:55
    thank you for watching until the end
  • 00:22:01
    um please like and comment
  • 00:22:05
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  • 00:22:12
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Etiquetas
  • obligations
  • divisibility
  • indivisibility
  • debtor
  • creditor
  • performance
  • legal articles
  • intentions
  • fulfillment
  • contract law