Section 4 – Joint and Solidary Obligations Flashcards
one debtor and one creditor
INDIVIDUAL OBLIGATION
two or more debtors and two or
more creditors
COLLECTIVE OBLIGATION
Collective obligation - entire obligation is to be paid or
performed proportionately by the debtors;
JOINT
CO - each one of the debtors are
obliged to pay the entire obligation, each
one of the creditors has the right to demand
from any of the debtors, the fulfillment of
the entire obligation;
SOLIDARY
CO - solidarity on the part of
the DEBTORS
Passive Solidarity
CO - solidarity on the part of
the CREDITORS
Active Solidarity
an obligation where
solidarity is not provided and the prestation or object is not
susceptible of division; its fulfillment requires the concurrence
of all debtors, while doing each one’s parts.
JOINT INDIVISIBLE OBLIGATION
an obligation where the
prestation or object to be delivered cannot be performed by
parts without altering its essence or substance.
INDIVISIBLE OBLIGATION
In solidary
obligations, the act of one is act of the others.
DOCTRINE OF MUTUAL AGENCY
Exceptions to the doctrine of mutual agency
Art. 1212 – a creditor may not perform an act
prejudicial to other creditors
2. Art. 1213 – a creditor cannot transfer his right
without consent
takes place when two persons, in their own
right, become creditors and debtors of each other the amount of one is covered by the amount of the other
Compensation
takes place when the characters of creditor
and debtor are merged in the same person.
CONFUSION
the gratuitous abandonment by the creditor of
his right; acceptance of the obligor is necessary.
REMISSION
first demand shall not prevent
subsequent demands on the other co-debtors, if co-debtor
first to have been required to fulfill obligation did not act on
it.
Extrajudicial demands
consists in the delivery of the thing or the
rendition (rendering) of the service whish is the object of the
obligation.
Payment
