DIVISIBLE AND INDIVISIBLE OBLIGATION

Get Started. It's Free
or sign up with your email address
Rocket clouds
DIVISIBLE AND INDIVISIBLE OBLIGATION by Mind Map: DIVISIBLE AND INDIVISIBLE OBLIGATION

1. DIVISIBLE OBLIGATION

1.1. is the one capable of partial fulfillment

1.2. when obligations deemed divisible

1.3. when obligation has for its object the execution of a certain number of days of work

1.4. when the obligation has for its object the accomplishment of work by metrical units

1.5. analogous things which by their nature are susceptible of partial performance

2. INDIVISIBLE OBLIGATION

2.1. is one not capable of partial fulfillment

2.2. when obligation deemed indivisible

2.3. obligation to give definite things

2.4. those not susceptible of partial performance

2.5. those where the object is physically divisible but it is indivisible by provision of law

2.6. those where object is physically divisible but it is indivisible by the intention of the parties

3. Kinds of Division

3.1. Qualitative Division is based on the quality of the object of obligation

3.2. Quantitative Division is based on quantity or number of things

3.3. Ideal Division is only existing in the minds of parties

4. Kinds of Indivisibility

4.1. Legal Indivisibility where law declares indivisible even in nature they are divisible

4.2. Conventional Indivisibility where will of both parties declares indivisible even in nature they are divisible

4.3. Natural Indivisibility where nature of object does not admit division

5. In negative obligations not to do, the character of prestation shall determine their divisibility and indivisibility

6. Effect of non-compliance of debtor in joint indivisible obligation - if any of debtors does not comply the obligation will be converted into damages