Obligaţiile indivizibile

dr. IOAN ADAM*

* e-mail: avocatadam@gmail.com

Prof. univ. - Facultatea de Drept, Universitatea "Titu Maiorescu" din Bucureşti

ABSTRACT

The obligation is indivisible when the parties have expressly agreed (voluntary indivisibility) or when the object, by its nature, is not susceptible to material or intellectual division.

The object of such an obligation is the source of the springs of indivisibility, because it cannot be divided, and the fulfilment of the obligation is possible only in its entirety, material or intellectual, the indivisibility also fulfilling the function of guaranteeing the execution of the obligation.

Indivisibility appears as a rule of obligational relations with a plurality of subjects, in the hypothesis that their object consists in the surrender of a certain asset, which is indivisible by its nature.

Indivisible is the right, and not necessarily the material object to which it refers, so that, if the right to an asset is indivisible, necessarily...