Philippine Bar review · Question

Practice question: Divisible and Indivisible

Multiple Choice Medium

Practice question

In the Article 1209 joint-indivisible setting, one debtor is insolvent. The creditor says every solvent co-debtor automatically bears that insolvent share as though the obligation were solidary. Which is correct?
  1. Insolvency always creates solidarity
  2. Only the wealthiest debtor pays every share
  3. Physical indivisibility removes every limit
  4. The provision states that the others are not liable for the insolvent debtor’s share
  5. All obligations disappear

Legal references

  • Civil Code, Articles 1209-1210,1223-1230,1238-1243,1266-1268 and1423-1430: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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