Cap. 16 Art. 1114When rule of divisibility does not apply to heirs of debtor.

(1) The rule as to the divisibility of the obligation in regard to the heirs of the debtor shall not apply in the following cases:

(a) when a determinate thing is due;

(b) when, under the instrument of title, one of the heirs alone is charged with the performance of the obligation;

(c) when from the nature or the subject-matter of the obligation or from the purpose of the agreement it appears that the intention of the parties was that the debt should not be discharged in separate parts.

(2) In the cases referred to in paragraphs (a) and (b) of sub-article (1) of this article, the heir who is in possession of the thing, or who is alone charged with the debt, and, in the case referred to in paragraph (c) of that sub-article, each of the heirs, may be sued for the whole, saving his right of relief against the other co-heirs. OF INDIVISIBLE OBLIGATIONS