Chapter 3 Section 4 – Joint and Solidary Obligations

Question 1

The concurrence of two or more creditors or of
two or more debtors in one and the same obligation
does not imply that each one of the former has a right
to demand, or that each one of the latter is bound to
render, entire compliance with the prestation. There is
a solidary liability only when the obligation expressly
so states, or when the law or the nature of the
obligation requires solidarity

Answer 1

1207

Question 2

1207

Answer 2

The concurrence of two or more creditors or of
two or more debtors in one and the same obligation
does not imply that each one of the former has a right
to demand, or that each one of the latter is bound to
render, entire compliance with the prestation. There is
a solidary liability only when the obligation expressly
so states, or when the law or the nature of the
obligation requires solidarity

Question 3

If from the law, or the nature or the wording of
the obligations to which the preceding article refers the
contrary does not appear, the credit or debt shall be
presumed to be divided into as many shares as there
are creditors or debtors, the credits or debts being
considered distinct from one another, subject to the
Rules of Court governing the multiplicity of suits.

Answer 3

1208

Question 4

1208

Answer 4

If from the law, or the nature or the wording of
the obligations to which the preceding article refers the
contrary does not appear, the credit or debt shall be
presumed to be divided into as many shares as there
are creditors or debtors, the credits or debts being
considered distinct from one another, subject to the
Rules of Court governing the multiplicity of suits.

Question 5

If the division is impossible, the right of the
creditors may be prejudiced only by their collective
acts, and the debt can be enforced only by proceeding
against all the debtors. If one of the latter should be
insolvent, the others shall not be liable for his share.

Answer 5

1209

Question 6

1209

Answer 6

If the division is impossible, the right of the
creditors may be prejudiced only by their collective
acts, and the debt can be enforced only by proceeding
against all the debtors. If one of the latter should be
insolvent, the others shall not be liable for his share.

Question 7

The indivisibility of an obligation does not
necessarily give rise to solidarity. Nor does solidarity of
itself imply indivisibility.

Answer 7

1210

Question 8

1210

Answer 8

The indivisibility of an obligation does not
necessarily give rise to solidarity. Nor does solidarity of
itself imply indivisibility.

Question 9

Solidarity may exist although the creditors and
the debtors may not be bound in the same manner and
by the same periods and conditions.

Answer 9

1211

Question 10

1211

Answer 10

Solidarity may exist although the creditors and
the debtors may not be bound in the same manner and
by the same periods and conditions.

Question 11

Each one of the solidary creditors may do
whatever may be useful to the others, but not anything
which may be prejudicial to the latter.

Answer 11

1212

Question 12

1212

Answer 12

Each one of the solidary creditors may do
whatever may be useful to the others, but not anything
which may be prejudicial to the latter.