Libro Quinto · Título II Capítulo V. Obligaciones divisibles e indivisibles

Obligations are divisible when their object is susceptible of partial fulfillment; and indivisible if the performances cannot be fulfilled except in their entirety.

The debtor may not compel the creditor to receive in parts the payment of a debt even if it is divisible, except by agreement.

Joint and several liability does not give the obligation the character of indivisible, nor does the indivisibility of the obligation make it joint and several.

The obligation is considered indivisible:

1°.When its object is the delivery of a determinate thing;

2°.When only one of the debtors is charged with performing the performance; and

3°.When the parties expressly agree that the performance may not be satisfied partially or when, by the nature of the obligation, its partial performance is impossible.

In indivisible obligations, the creditor may not direct his action against only one of the debtors, but against all of them at the same time, except where only one is charged with executing the performance, in which case the debtor has the right to request that his co-debtors be cited and summoned for the purpose of seeking reimbursement from them.

When the obligation contracted with a compensation clause is indivisible, it is incurred through the fault of any of the debtors; but the co-debtors not at fault shall have the right to have the at-fault party reimburse them for the share that he would have had to pay.

If the obligation contracted with a compensation clause is divisible, or simply joint, only the debtor who contravened the obligation shall be bound to pay it and for the part corresponding to him.