1147a Rules in Case thing has Been Lost or Prestation Has Become Impossible If

1147a rules in case thing has been lost or prestation

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(1147a)
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Rules in Case thing has Been Lost or Prestation Has Become Impossible - If the thing is lost or has become impossible to perform through a fortuitous event without the fault of the debtor, the obligation is extinguished. Example : A, B and C are solidarily bound to deliver a determinate car to D. Without any fault on the part of any one of the debtors, the car was lost through the fortuitous event. The obligation is extinguished. Art. 1222. A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible. (1148a) Defenses available to a Solidary Debtor The defenses available to the solidary debtors if the creditor proceeds against him alone for the payment of the entire obligation 1.) The defenses derived from the nature of the obligation, such as fraud prescription, remission illegality or absence of consideration, payment or performance. Example - A and B are solidarily liable to C in the among to P6, 000. The entire debt was paid by d. in an action by C against A, the latter can raise the defense of payment by virtue of which the obligation was extinguished. Defenses available to a Solidary Debtor 2) Defenses personal to him or pertaining to his own share, such as minority, insanity and vitiated consent. 3.) Defenses which are personal to others, such as minority, insanity and vitiated consent. SECTION 5. – Divisible and Indivisible Obligations Art. 1223. The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does not alter or modify the provisions of Chapter 2 of this Title. (1149) ( Example : D promised to deliver his car to C on August 1, 2015.) (a) when the prestation is indivisible by its very nature, i.e., not physically susceptible of partial performance, the obligation is always and definitely indivisible. The parties cannot agree contrariwise.
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Example : D obliged himself to deliver a BMW car to c since the car is not physically divisible, even if D and C agree to make the obligation divisible, the same would result in an absurd situation. Imagine if D would deliver half of the car today, and the other half a week after. Art. 1224. A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking. The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists. (1150) Art. 1225. For the purposes of the preceding articles, obligations to give definite things and those which are not susceptible of partial performance shall be deemed to be indivisible. When the obligation has for its object the execution of a certain number of days of work, the accomplishment of work by metrical units, or analogous things which by their nature are susceptible of partial performance, it shall be divisible.
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  • Spring '19

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