Text of the provision
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)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Where there is only one debtor and one creditor, the divisibility or indivisibility of the object does not change the rules — the creditor still cannot be compelled to receive partial payment (Art. 1248).
Whether the object of an obligation can be divided into parts matters mainly when there are multiple debtors or multiple creditors, since it determines how the obligation is apportioned among them. This article clarifies that where the relationship is simple — one debtor and one creditor — the divisible or indivisible character of the thing owed has no bearing on the rules governing extinguishment of obligations. The creditor in that setting still cannot be forced to accept, nor the debtor forced to render, anything less than complete performance.
Questions about this provision
Related provisions
- Article 1222 — Defenses of a Solidary Debtor.
- Article 1224 — Breach of a Joint Indivisible Obligation.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.