Divisible And Indivisible Obligations, Obligations With A Penal Clause (Rehash)

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Article 1223

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The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does not alter or modify the provisions of Chapter 2 of this Title.

Hint 1

Divisibility

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Article 1224

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A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking. The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists.

Hint 2

Indemnity in Joint Indivisible Obligation

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Article 1225

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For the purposes of the preceding articles, obligations to give definite things and those which are not susceptible of partial performance shall be deemed to be indivisible.When the obligation has for its object the execution of a certain number of days of work, the accomplishment of work by metrical units, or analogous things which by their nature are susceptible of partial performance, it shall be divisible.However, even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties.In obligations not to do, divisibility or indivisibility shall be determined by the character of the prestation in each particular case

Hint 3

Rules on Divisibility and Indivisibility

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Article 1226

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In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of non-compliance, if there is no stipulation to the contrary. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation.The penalty may be enforced only when it is demandable in accordance with the provisions of this Code.

Hint 4

Obligations with a Penal Clause

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Article 1227

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The debtor cannot exempt himself from the performance of the obligation by paying the penalty, save in the case where this right has been expressly reserved for him. Neither can the creditor demand the fulfillment of the obligation and the satisfaction of the penalty at the same time, unless this right has been clearly granted him. However, if after the creditor has decided to require the fulfillment of the obligation, the performance thereof should become impossible without his fault, the penalty may be enforced.

Hint 5

Penalty vs Performance

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Article 1228

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Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded.

Hint 6

No Proof of Damages for Penalty

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article 1229

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The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. Even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous or unconscionable.

Hint 7

Regulations of Penalty by Court

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Article 1230

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The nullity of the penal clause does not carry with it that of the principal obligation.The nullity of the principal obligation carries with it that of the penal clause.

Hint 8

Null Penal Clause