Philippine Bar review · Question

Practice question: Divisible and Indivisible

Multiple Choice Hard Jurisprudence

Practice question

Two joint debtors undertake one indivisible delivery. One is ready and able to perform, while the other refuses and causes noncompliance. The creditor seeks the entire additional damages solely from the ready debtor because the prestation is indivisible. Under Article 1224, which is correct?
  1. The ready debtor’s contribution to indemnity is limited to the corresponding portion of the price or service value, rather than additional liability beyond that limit
  2. Indivisibility automatically makes the debt solidary
  3. The ready debtor owes every additional loss without limit
  4. The creditor has no damages remedy against anyone
  5. The refusing debtor is automatically excused

Legal references

  • Civil Code, Article 1224: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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