1225 Simplified

Article 1225. 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. (1151a) 

   This article should be read in relation the to previous articles particularly 1223 and 1224 referring to obligations that are divisible and indivisibleobligations.

   The first paragraph defines indivisible obligations. These are obligations that are not susceptible of partial performance.

    The second paragraph defines divisible obligations and cited examples such as work that can be done per day, considerations that are measurable or those that are capable of partial performance.

      The third paragraph provides that even if the obligation is by nature divisible or indivisible law or agreement between the parties may stipulate otherwise.

      The last paragraph deals with obligation not to do. It provides that the category on whether the obligation is divisible or indivisible will depend on the nature of the prestation.

 

Caught In The Act

Imagine yourself entering a room and catching your wife in bed having sex with another man.

What would you do?

Article 247 of the Revised Penal Code contemplates this scenario.

The usual case is that you would probably be engulfed in rage and without a doubt you would hurt both of them or worst kill them.

Would you be liable?

The law provides that if you would seriously hurt them or kill them you will be penalized with destierro otherwise if they were not seriously hurt you will be totally exempt from liability.

Does the law apply to live-in partners?

Unfortunately not.

That's our topic for today. I hope you learned something.

Relevant Articles (RPC):  

Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.c  

Art. 247. Death or physical injuries inflicted under exceptional circumstances. — Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.

 

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducer, while the daughters are living with their parents.

 

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.