Joint and Solidary Obligations Flashcards
How do you define a Joint Obligation and a Solidary Obligation? What is the difference between them?
According to Article 1207, a joint obligation is where a joint debtor can only be compelled to pay only his portion of the whole obligation, or where a joint creditor can demand only his portion of the whole obligation.
A solidary obligation is where the solidary debtors are bound to pay the whole obligation, or the solidary creditors can demand payment for the whole obligation.
The difference between them is that the debtors in a joint obligation is liable only for their portion in the prestation, and the creditors in a joint obligation can only demand their share in the prestation. On the other hand, the debtors in a solidary obligation is liable for the whole prestation, and the creditors in a solidary obligation can demand the payment of the whole obligation.
When is there a joint obligation, and when is there a solidary obligation?
Under Article 1208, the general rule is that an obligation is presumed to be a joint obligation if there is no concurrence between two or more debtors or two or more creditors in one and the same obligation.
Exception to this rule is: it is a solidary obligation if the (1) obligation expressly states that it is indeed a solidary obligation, or (2) the law requires the obligation to be solidary, or (3) from the nature of the obligation, it requires solidarity.
What is a joint indivisible obligation? How is a joint indivisible obligation complied with? If one of the debtors cannot comply with his portion of the obligation, what will happen to the other debtors who are ready to comply the obligation?
Under Article 1209, a joint indivisible obligation is where the kind of obligation is joint, but the nature of the obligation is indivisible, meaning, the object of the prestation is not susceptible to partial performance.
The debtors are bound to comply the shares of their obligation completely, and not partially.
In case one of the debtors cannot comply with his part of the obligation, the other debtors who are ready to comply will not be liable for damages that are beyond the price of their share of the obligation.
What if any of the solidary creditors will perform novation, compensation, confusion or merger of rights, or condonation or remission with any of the debtors, what will happen? What are the liabilities of the creditor who performed such act?
Under Article 1215, if one of the solidary creditors performs novation, compensation, confusion or merger of rights, or condonation or remission, the obligation will be extinguished.
This however, does not release the creditor of his liability to pay his co-creditors of their share in the obligation.
If one of the solidary debtors pays the whole obligation, how much can he claim from each of his co-debtors? What if one of his co-debtor cannot pay his portion of the obligation?
Under Article 1217, it is given that if one of the solidary debtors pays the whole obligation, the obligation will be extinguished. However, he can only claim from each of his co-debtors their portion from the whole obligation, and if one of his co-debtors cannot pay his portion of the obligation, such portion will be borne by the other debtors.
Is a co-debtor entitled for reimbursement if he pays an obligation that has prescribed or have been illegal?
Generally, under Article 1217, a debtor who pays for the whole obligation can demand re-imbursement from his co-debtors, but only the amount of their portion of the whole obligation. But under Article 1218, if such payment is made after the obligation has prescribed or has become illegal, the debtor is not entitled to reimbursement.
What is the effect of a remission performed by a creditor with one of the debtors?
Under Article 1219, if a creditor performs remission with one of the debtors, the debtors will be free from any liability. But if the remission is effected after the obligation has been paid by any of the co-debtors, the debtor who was condoned by the creditor will not free him of the responsibility to pay his share to the debtor who paid the obligation.
Under Article 1220, if a debtor obtains remission from the creditor, he is not entitled to reimbursement from his co-debtors. Because the remission of one, is the remission of all.
What if the object of the prestation is lost without fault from any of the solidary debtors? What if the object of the prestation is lost with fault from any of the solidary debtors?
What if the object of the prestation was lost due to a fortuitous event, but one of the solidary debtors incurred delay?
Who will be liable on these scenarios?
Under Article 1221, if the object of the prestation is lost without fault from any of the solidary debtors, the obligation will be extinguished, and no one is liable.
If the object of the prestation is lost with fault from any of the solidary debtors, they are all liable for damages.
If the object of the prestation is lost through a fortuitous event but one of the solidary debtors incurred delay, all of the debtors are liable for damages.
