Thursday, January 24, 2013

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.

 

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