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Article 1224
Article 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)
Ang isang magkasamang indivisible obligation ay nagbigay ng indemnity para sa mga pinsala mula sa oras na sinuman ng mga debtors ay hindi sumunod sa kanyang gawain. Ang mga may utang na maaaring handa na upang matupad ang kanilang mga pangako ay hindi dapat mag-ambag sa kabayaran sa kabila ng nararapat na bahagi ng presyo ng bagay o ng halaga ng serbisyo kung saan ang obligasyon ay binubuo. (1150)
Example : Kristia, Ryan and Johannes owe a particular sports car to Ann, on or before November 1. Three days after November 1 Ann demands but Johannes is not ready because of his incarceration. Kristia and Ryan must each contribute their share in the value of the sports car and deliver the amount to Ann.
Indivisible object becomes a money obligation. Johannes who is unable to comply will later on settle his obligation to Ann or Ann may sue Johannes for 1/3 the value of the van, which is actually Johannes share, plus interest, plus damages.
If anyone of the debtors does not comply with his part of the joint indivisible obligation, the obligation is converted into one for damages. The creditor cannot ask for a rescission or for a specific performance because there is no cause of action for the other debtors who are willing to fulfill their promises.
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