What Is Solidary Divisible Obligation?

What is obligation and examples?

The definition of an obligation is something that someone is required to do.

An example of obligation is for a student to turn in his homework on time every day.

I have an obligation to attend their wedding..

What is the difference between joint and solidary obligation?

They relate to performances which by their nature have to be rendered in common by several debtors, bound to the creditor by a single contract. A joint obligation is distinguished from a solidary obligation in that the creditor in a joint obligation can take action only against all the debtors together.

What is the meaning of solidary?

adjective. characterized by or involving community of responsibilities and interests.

What are the causes of extinguishment of obligation?

Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of a resolutory condition, and prescription, are governed elsewhere in this. b. He is subrogated to all of the rights of the creditor ( Article 1302, No. 2 ).

What must a debtor do to be released from his obligation if the creditor refuses to accept payment?

If the creditor to whom tender of payment has been made refuses without just cause to accept It, the debtor shall released from responsibility by the consignation of the thing or sum due.

What are the 5 sources of obligation?

Obligations arise from: (1) Law; (2) Contracts; (3) Quasi‐contracts; (4) Acts or omissions punished by law; and (5) Quasi‐delicts. Sources of Obligations Law — when they are imposed by law itself.

What are the kinds of obligation?

Different Kinds of Obligation (Primary) (Section 1: Pure and Conditional…Section 1: Pure and Conditional Obligation. … Section 6: Obligation with a Penal Clause. … Section 2: Obligations with a Period. … Section 3: Alternative Obligation. … Section 4: Joint and Solidary Obligations. … Section 5: Divisible and Indivisible Obligation.

What is a facultative obligation?

Facultative obligation refers to a type of obligation where one thing is due, but another is paid in its place. In such type of obligations there is no alternative provided. The debtor is given the right to substitute the thing due with another that is not due.

What are the 4 elements of obligation?

Every obligation has four essential elements: an active subject; a passive subject; the prestation; and the legal tie. The ACTIVE SUBJECT is the person who has the right or power to demand the performance or payment of the obligation. He is also called the obligee or the creditor.

What is a divisible obligation?

Divisible obligation. obligation in which the object, in its delivery or performance, is capable of partial fulfillment. Indivisible obligation. an obligation in which the object, in its delivery or performance, is NOT capable of partial fulfillment.

What is a joint obligation?

In a joint obligation, each obligor answers only for a part of the whole liability and to each obligee belongs only a part of the correlative rights.

What is the effect of solidary obligation?

A solidary obligation is almost always an advantage for a creditor because it will either allow any creditor to demand the entirety of the debt from the sole debtor when the solidarity is active, or it will allow the creditor to demand the entirety of the debt from any of the multiple debtors when it is passive.

What is the obligation?

An obligation is a course of action that someone is required to take, whether legal or moral. … People who are under obligations may choose to freely act under obligations. Obligation exists when there is a choice to do what is morally good and what is morally unacceptable.

What is divisible and indivisible obligation?

An obligation is divisible when the object of the performance is susceptible of division. An obligation is indivisible when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division.

What are the kinds of indivisibility?

Indivisibility is established by the common agreement of the parties, by the nature of the object of the obligation and by law. Annotators call these kinds of indivisibility conventional, natural or absolute and legal indivisibility. A and B agreed that the obligation shall be considered indivisible.