Indivisibility v. solidarity
Article 1210 of the Civil Code provides:
Indivisibility is different from solidarity. The former refers to the prestation while the latter refers to the juridical tie that binds the parties. If there is breach in indivisible obligation, the debtor guilty of breach shall be the only one liable whereas in a solidary obligation, all of the debtors shall be liable if they are guilty of breach. Furthermore, indivisibility can exist even if there is only debtor and creditor while solidarity cannot exist if there is only one debtor and creditor. And in case of insolvency of one debtor, in indivisible obligation, other debtors are not liable, while in solidary obligation, the others are proportionately liable.
ART. 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. (n)
Indivisibility is different from solidarity. The former refers to the prestation while the latter refers to the juridical tie that binds the parties. If there is breach in indivisible obligation, the debtor guilty of breach shall be the only one liable whereas in a solidary obligation, all of the debtors shall be liable if they are guilty of breach. Furthermore, indivisibility can exist even if there is only debtor and creditor while solidarity cannot exist if there is only one debtor and creditor. And in case of insolvency of one debtor, in indivisible obligation, other debtors are not liable, while in solidary obligation, the others are proportionately liable.
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