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Section V   Divisible And Indivisible Obligations

Revised Laws of Saint Lucia (2021)

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Section V   Divisible And Indivisible Obligations

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    1052.   An obligation is divisible when its fulfilment is susceptible of division either material or intellectual.

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    1053.   A divisible obligation must be performed between the creditor and the debtor, as if indivisible. The divisibility takes effect only with their heirs or legal representatives, who, on the one hand, cannot enforce the obligation, and, on the other, are not liable for the fulfilment except in the proportions in which they respectively represent the creditor or the debtor.

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    1054.   The rule of the last preceding article is subject to exception with respect to the heirs and legal representatives of the debtor, and the obligation must be performed as if it were indivisible in the three following cases:

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      1.     When the subject of the obligation is a certain specific thing of which one of them is in possession;

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      2.     When one of them alone is charged by the title with the performance of the obligation;

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      3.     When the intention of the contracting parties that the obligation should not be performed in parts operates, either from the nature or object of the contract or from the end proposed by it.

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    In the first case he or she who possesses the thing due, in the second case he who is alone charged, and in the third case each of the coheirs or legal representatives, may be sued alone in respect of the whole obligation. But he who discharges the obligation may nevertheless have recourse against the others.

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    1055.   An obligation is indivisible:

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      1.     When its subject is by its nature insusceptible of division, either material or intellectual;

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      2.     When the subject, although divisible by its nature, yet from the character given to it by the contract, becomes insusceptible not only of fulfilment in parts but also of division.

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    1056.   The stipulation of joint and several liability does not give to an obligation the character of indivisibility.

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    1057.   Each one of those who have contracted an indivisible obligation is liable in respect of the whole although the obligation have not been contracted jointly and severally; but the fulfilment by one discharges all as regards the creditor.

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    1058.   The heirs and legal representatives of him or her who has contracted an indivisible obligation are liable jointly and severally for its fulfilment.

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    1059.   The obligation to pay damages resulting from the non-fulfilment of an indivisible obligation is divisible.

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    But if the non-fulfilment has been caused by the fault of one of the co-debtors, or of one of the coheirs or legal representatives, the whole amount of damages may be demanded of such co-debtor, heir or legal representative.

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    1060.   Each coheir or legal representative of the creditor may exact in full the fulfilment of an indivisible obligation.

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    He cannot alone release the whole of the debt, or receive the value instead of the thing itself; if one of the coheirs or legal representatives have alone released the debt or received the value of the thing, the others cannot demand the indivisible thing without making allowance for the portion of him or her who has made the release or who has received the value.

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    1061.   The heir or legal representative of the debtor sued for the whole of an indivisible obligation may demand delay to make the coheirs or other legal representatives parties to the suit, unless the debt is of such a nature that it can be discharged only by the one so sued, who may in such case be condemned alone; having however recourse against the others.

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