Solidary Obligations Flashcards
essence of solidarity
mutual agency…
each..
entire due…
dual relationship (CR-DR and DR-DR)
mutual agency, effects…
if solidary debtor pays BEFORE debt is DUE…
His reimbursement right will INCLUDE INTEREST from PAYMENT DATE to DUE DATE
what to consider during CONSTITUTION stage of SOLIDARY obligation?
payment made before due date…
divisibility
Main diagram for solidary obligation
demandability of solidary obligation
whom to pay
whom to pay
diagram payment in solidary obligations
extinguishes the obligation
reimbursement right from solidary co-debtors
remission after payment
payment after obligation has prescribed/has been ilegalized
natural obligation
no reimbursement right
extinguishment but not via payment in solidary obligations
prejudicial acts…
Prejudicial creditor liable for the share of the other creditors.
breach by delay/culpable loss of ONE solidary
ALL liable for damages.
They can go after the guilty debtor/erring debtor.
diagram for breach in solidary obligations
remission
whole… no reimbursement right
part after payment… no reimbursement right
