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1 HECKY WAS A SHAM

Obblighi e contratti
Dec 11, 2018

12//11/18 -if there fault on the part of anyone of them, all shall be
responsible to the cr for the price int and damaged without
Article 1218.Payment by a solidary debtor shall not prejudice to the action against the guilty dr.
entitle him to reimbursement from his co-debtors if
such payment is made after the obligation has Ex. (Determinate indivisible )A B C, solidary bound,
prescribed or become illegal. required to deliver a car to D E F.

When the obligation has already prescribe, it could no Suppose F made a demand upon A but A did not comply
longer fall on under thr prov of civil obli but rather on the w/in the period and the car damaged because of the strong
natural obligation especially if the delivery made by th dr wind and thus it results to deterioration – there was
to the obli that has prescribe is voluntary and thus the already fault on the part of A and there is delay – (ART
payment is based on conscience in natural obli and not by 1189) if because of deterioration F refuse to accept the car
law or positive law. And thus if he is a solidary dr he so rescission plus damages – C will deliver (if demand was
cannot demand from other dr their share in the obli that made upon him) the price damages and interest and the
actually prescribe of become illegal price becomes divisible that will depend on the value of the
car. So C will demand the value of the proportionate share
of the other dr and A will soley be held liable for the
damages and interest.
Article 1219.The remission made by the creditor of
the share which affects one of the solidary debtors But if thre is lost of the thing due because of the fault of A.
does not release the latter from his responsibility if C would deliver the price interest and damages, C will
towards the co-debtors, in case the debt had been demand from B nothing because it will now all be shoulder
totally paid by anyone of them before the remission by the guilty dr or A.
was effected.
Article 1222.A solidary debtor may, in actions filed
If there is payment by one of the solidary cr by one of the by the creditor, avail himself of all defenses which
solidary dr before this has been effective and payment has are derived from the nature of the obligation and of
already been made, that solidary dr whose share has been those which are personal to him, or pertain to his
remitted has still an obligation to reimburse the dr who own share. With respect to those which personally
made the payment, he can now demand demand from the belong to the others, he may avail himself thereof
solidary cr the share that has been remitted in his favor. only as regards that part of the debt for which the
He cannot use the defense that he could no longer be liable latter are responsible.
for his share, it should be the cr who remitted his share
from whom he shall demand of whatever remitted in his
favour but not to refuse his obli to reimburse.

Article 1220.Theremission of the whole obligation,


obtained by one of the solidary debtors, does not Divisible and Indivisible Obligations
entitle him to reimbursement from his co-debtors.
Article 1223.The divisibility or indivisibility of the
Article 1221.If the thing has been lost or if the things that are the object of obligations in which
prestation has become impossible without the fault there is only one debtor and only one creditor does
of the solidary debtors, the obligation shall be not alter or modify the provisions of Chapter 2 of this
extinguished. Title.

If there was fault on the part of any one of them, all Article 1224.A joint indivisible obligation gives rise
shall be responsible to the creditor, for the price and to indemnity for damages from the time anyone of
the payment of damages and interest, without the debtors does not comply with his undertaking.
prejudice to their action against the guilty or The debtors who may have been ready to fulfill their
negligent debtor. promises shall not contribute to the indemnity
beyond the corresponding portion of the price of the
If through a fortuitous event, the thing is lost or the thing or of the value of the service in which the
performance has become impossible after one of the obligation consists.
solidary debtors has incurred in delay through the
judicial or extrajudicial demand upon him by the Performance of one is performance of all, if on cannot
creditor, the provisions of the preceding paragraph comply it will be converted into liability for losses and
shall apply. damages which is divisible. They will be sharing for the
price but the damages and interest shall be borne by the
-Determinate thing guilty dr.

Article 1225.For the purposes of the preceding


articles, obligations to give definite things and those
2 HECKY WAS A SHAM
Obblighi e contratti
Dec 11, 2018

which are not susceptible of partial performance Penal Clause may be:
shall be deemed to be indivisible.
1. Subsidiary /Alternative –can only demand the
When the obligation has for its object the execution penalty and not with the principal
of a certain number of days of work, the 2. Joint/ Commutative- can demand both the
accomplishment of work by metrical units, or principal and penalty
analogous things which by their nature are
susceptible of partial performance, it shall be -it can be and interest on top of interest.
divisible.
ABSTENTION ex. because of constant delay in paying the
However, even though the object or service may be rentals. Or in the lease agreement, the lessee is not to
physically divisible, an obligation is indivisible if so make any improvement substantial to the object unless the
provided by law or intended by the parties. consent of the lessor is obtained and the lessor can forfeit
without any reimbursement and there will termination of
In obligations not to do, divisibility or indivisibility lease agreement.
shall be determined by the character of the
prestation in each particular case. Article 1227.The debtor cannot exempt himself from
the performance of the obligation by paying the
The delivery of a sale of the bld/house – indivisible, not penalty, save in the case where this right has been
susceplible expressly reserved for him. Neither can the creditor
demand the fulfillment of the obligation and the
The construction of a bldg/house -divisible satisfaction of the penalty at the same time, unless
this right has been clearly granted him. However, if
In an obligation to do, in the absence of any specific after the creditor has decided to require the
stipulation respecting it performance, presumption is it is fulfilment of the obligation, the performance thereof
INDIVISIBLE. should become impossible without his (cr) fault, the
penalty may be enforced.
Partial performance of an indivisible obli or Delay = non-
performance but there are exception art 1224 and 1235 Article 1228.Proof of actual damages suffered by the
even if there is partial performance the law presumes there creditor is not necessary in order that the penalty
is still performance of the obligation. may be demanded.

1224. If there is substantial performance in good faith the If the value of the damages is more than the agreed upon,
dr may recover as tho there has been strict and complete the cr cannot demand for the balance. It is only limited to
fulfilment less damages suffered by the cr. the damages agreed upon.

1235. there is performance but cr is aware of irregularity Article 1229.The judge shall equitably reduce the
or incompleteness but despite the knowledge accepts the penalty when the principal obligation has been partly
performance without objections. or irregularly complied with by the debtor. Even if
there has been no performance, the penalty may also
be reduced by the courts if it is iniquitous or
unconscionable.
Obligations with a Penal Clause (must be Expressly
agreed upon by the parties, it is an accessory The judge can reduce:
undertaking)
1. When the obligation has been partly ( extent of
Article 1226. In obligations with a penal clause, the quantity) or irregularly (form of prestation)
penalty shall substitute the indemnity for damages performed.
and the payment of interests in case of 2. When penalty is iniquitous or unconscionable even
noncompliance, if there is no stipulation to the if there has been no performance.
contrary. Nevertheless, damages shall be paid if the
obligor refuses to pay the penalty or is guilty of This will be determined by the Court.
fraud in the fulfillment of the obligation.
Article 1230.The nullity of the penal clause does not
The penalty may be enforced only when it is carry with it that of the principal obligation.
demandable in accordance with the provisions of this
Code. The nullity of the principal obligation carries with it
that of the penal clause.
In the form of:
-penal clause is an accessory undertaking, derived from
1. Money principal undertaking.
2. Abstention

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