Philippine Bar review · Question

Practice question: Divisible and Indivisible

Multiple Choice Medium Jurisprudence

Practice question

A seller promises a physically divisible quantity of materials, but the parties clearly agree that the contractual prestation must be delivered as one indivisible whole. Which is correct?
  1. Physical divisibility automatically defeats the agreement
  2. The agreement becomes void solely for indivisibility
  3. The debtor may unilaterally erase the intention
  4. Every piece becomes a separate creditor
  5. The parties’ intended indivisibility is recognized by Article 1225

Legal references

  • Civil Code, Article 1225: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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