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Oct 23, 2015 · The distinction between Joint and Solidary Obligations are very important in civil law. The following shows the basic differences between the two obligations: JOINT OBLIGATION - it is one wherein a debtor is obliged to pay a portion of the full amount of debt that corresponds only to his share.
Feb 21, 2019 · “The obligation is in a sense midway between the joint and the solidary, although it preserves the two characteristics of the joint obligation in that: (a) no creditor can do an act prejudicial to the others, and (b) no debtor can be made to answer for the others.
As explained by the Supreme Court: A solidary or joint and several obligation is one in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation.
There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. As can be gleaned therefrom, Article 1207 does not presume solidary liability unless: 1] the obligation expressly so states; or 2] the law or nature requires solidarity. 13.
A solidary obligation is one in which each of the debtors is liable for the entire obligation, and each of the creditors is entitled to demand the satisfaction of the whole obligation from any or all of the debtors.42 There is solidary liability when the obligation expressly so states, when the law so provides, or when the nature of the ...
When the obligor undertakes to be "jointly and severally" liable, it means that the obligation is solidary. If solidary liability was instituted to "guarantee" a principal obligation, the law deems the contract to be one of suretyship.
What is the rule as regards the joint or solidary character of an obligation? General Rule: When two or more creditors or two or more debtors concur in one and the same obligation, the presumption is that the obligation is joint.
2. CIVIL LAW; OBLIGATIONS; SOLIDARY OR JOINT AND SEVERAL OBLIGATION, DEFINED. — A solidary or joint and several obligation is one in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation.
A joint obligation is distinguished from a solidary obligation in that the creditor in a joint obligation can take action only against all the debtors together. It is distinguished from a divided obligation in that the performance due by each debtor is not limited to an independent performance of that debtor’s own share of the obligation.
There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. ART. 1208.
