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Art. 1420. In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced.

DIVISIBLE OR SEPARABLE CONTRACTS

As a general rule, the provisions of this article must be applied if there are several stipulations in the contract, some of which are valid and some void If the stipulations can be separated from each other, then those which are void will not have any effect, but those which are valid will be enforced Rule of divisibility has two exceptions—

• When the nature of the contract requires indivisibility

• When the intention of the parties is that the contract be entire

NATURE OF CONTRACT

The very nature of the contract in some cases require the nullity be total


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