Philippine Bar review · Question

Practice question: Divisible and Indivisible

Multiple Choice Hard

Practice question

One debtor and one creditor have a divisible prestation. The debtor causes damage through negligent nonperformance and argues classification as divisible abolishes the ordinary legal consequences of breach. What does Article 1223 indicate?
  1. Divisibility removes every breach remedy
  2. That classification does not alter the referenced Chapter 2 provisions on the obligation’s nature and effects
  3. Only indivisible obligations can be breached
  4. The creditor must waive damages
  5. Every divisible obligation is merely natural

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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