ARTICLE 1211

SOLIDARITY MAY EXIST ALTHOUGH THE CREDITORS AND DEBTORS MAY NOT BE BOUND IN THE SAME
MANNER AND BY THE SAME PERIODS AND CONDITIONS.

- It is still exist even there a different imposition of demand for the periods of their payment
made by creditor, or even there’s a condition made by one of the debtor.

ARTICLE 1212

EACH ONE OF THE SOLIDARY CREDITOR MAY DO WHATEVER MAY BE USELFUL TO THE OTHERS, BUT
NOT ANYTHING WHICH MAY BE PREJUDICIAL TO THE LATTER.

- They may impose a condition which benefits to all of them for example the immediate payment
is considered as valid. But if one of the solidary creditor renounce the obligation of the debtor,
the obligation is extinguish but he is liable to his co-creditor for the damages he has done.

ARTICLE 1213

A SOLIDARY CREDITOR CANNOT ASSIGN HIS RIGHTS WITHOUT THE CONSENT OF THE OTHERS.

- A solidary is likewise a partnership where they cannot assign or transmits their rights to the
other person that isn’t involve to their circle because there’s a foundation of fiduciary before
they founded their partnership that they cannot entrust their obligation to the one who is not
familiar to the systems they run to.
ARTICLE 1214

A DEBTOR MAY PAY ANY ONE OF THE SOLIDARY CREDITORS, BUT IF ANY DEMAND, JUDICIAL OR
EXTRAJUDICIAL, HAS BEEN MADE BY ONE OF THEM, PAYMENT SHOULD BE MADE TO HIM.

- Those who demanded, the debtor should be direct to pay to the certain person who demanded.
But if he pays it to the one who doesn’t make any demand, his payment is not valid.

ARTICLE 1215

NOVATION (replacing the old contract to a new one) , COMPENSATION, CONFUSION OR

REMISSION(cancellation of the debt) OF THE DEBT, MADE BY ANY OF THE SOLIDARY CREDITORS OR ANY
SOLIDARY DEBTORS, SHALL EXTINGUISH THE OBLIGATION, WITHOUT PREJUDICE TO THE PROVISION OF
ARTICLE 1219.

THE CREDITOR WHO MAY HAVE EXECUTED ANY OF THESE ACTS, AS WELL AS HE WHO COLLECTS THE
DEBT, SHALL BE LIABLE FOR THE SHARE IN THE OBLIGATION CORRESPONDING TO THEM.

- If one of the solidary creditors remitted the obligation of a solidary debtor, the obligation shall
be distinguish thus those solidary debtor is liable for the damages he caused from his co-
creditors.
ARTICLE 1216

THE CREDITOR MAY PROCEED AGAINST ANY ONE OF THE SOLIDARY DEBTORS OR SOME OR ALL OF
THEM SIMULTANEOUSLY. THE DEMAND MADE AGAINST ONE OF THEM SHALL NOT BE AN OBSTACLE TO
THOSE WHICH MAY SUBSEQUENTLY BE DIRECTED AGAINST TO OTHERS, SO LONG AS THE DEBT HAS NOT
BEEN FULLY COLLECTED.

- Creditor may still claim his rights when one of the solidary debtor cannot make a full payment to
him. He may collect the remaining balances to the other debtors until it is fully paid or collected.

ARTICLE 1217

PAYMENT MADE BY ONE OF THE SOLIDARY DEBTORS EXTINGUISHES THE OBLIGATION. IF TWO OR
MORE SOLIDARY DEBTOR OFFERS TO PAY, THE CREDITOR MAY CHOOSE WHICH OFFER TO ACCEPT.

HE WHO MADE THE PAYMENT MAY CLAIM FROM HIS CO-DEBTORS ONLY THE SHARE WHICH
CORRESPONDS TO EACH, WITH INTEREST FOR THE PAYMENT ARLEADY MADE. IF THE PAYMENT IS MADE
BEFORE THE DEBT IS DUE, NO INTEREST FOR THE INTERVENING PERIOD SHALL BE DEMANDED.

WHEN ONE OF THE SOLIDARY DEBTORS CANNOT, BECAUSE OF HIS INSOLVENCY (cannot pay the debt),
REIMBURSE HIS SHARE TO THE DEBTOR PAYING THE OBLIGATION, SUCH SHARE SHALL BE BORNE BY ALL
OF HIS CO-DEBTORS, IN PROPORTION TO THE DEBT OF EACH.

- The S.D who pay the full principal may claim the share from his co-debtor its share with the
interest because of the due is already done. But if he pays before the due of the payment, no
interest accrue and he has no rights to collects the interest, only the shares of each debtor.
- But if one of the SD cannot pay his share, the other co-debtor may pay his part until the debtor
who cannot pay his share on time may reimburse the money made by his co-debtors.
ARTICLE 1218

PAYMENT BY A SOLIDARY DEBTOR SHALL NOT ENTITLE HIM TO REIMBURSEMENT FROM HIS CO-
DEBTORS IF SUCH PAYMENTIS MADE AFTER THE OBLIGATION HAS PRESCRIBED (extinguish the
obligation) OR BECOME ILLEGAL.

- If there’s no demand made by the creditor and due is already done it is presumed that the
obligation has been extinguish. But if one the debtor still pays the debt, he cannot impose a
reimbursement since it is presumed that the obligation of them is already extinguished because
there’s a failure of demand made by the creditor.

ARTICLE 1219

THE REMISSION (cancellation of the debt) MADE BY THE CREDITOR OF THE SHARE WHICH AFFECTS ONE
OF THE SOLIDARY DEBTORS DOES NOT RELEASE THE LATTER FROM HIS RESPONSIBILITY TOWARDS THE
CO-DEBTORS, IN CASE THE DEBT HAD BEEN TOTALLY PAID BY ANYONE OF THEM BEFORE THE
REMISSION WAS EFFECTED.

- Even one of the SD makes a partial payment of the principal, he is still liable and consider as a SD
for the remaining balance from their creditor. He can also waive his right for reimbursement of
his co-debtor if the creditor obliged only him to pay also the remaining balance.
ARTICLE 1220

THE REMISSION OF THE WHOLE OBLIGATION OBTAINED BY ONE OF THE SOLIDARY DEBTOR, DOEST NOT
ENTITLE HIM TO REIMBURSEMENT FROM HIS CO-DEBTORS.

-when the creditor remits the whole obligation in favor for a certain SD, he is not liable to impose a
reimbursement since it is cancelled for the sake of all debtors and he also did not pay any of the amount
in the first place.

ARTICLE 1221

IF THE THING HAS BEEN LOST, OR IF THE PRESTATION HAS BECOME IMPOSSIBLE WITHOUT THE FAULT
OF SOLIDARY DEBTOR, THE OBLIGATION SHALL BE EXTINGUISHED.

IF THERE WAS FAULT ON THE PART OF ANY ONE OF THEM, ALL SHALL BE RESPONSIBLE TO THE
CREDITOR, FOR THE PRICE AND THE PAYMENT FOR DAMAGES AND INTEREST, WITHOUT PREJUDICE TO
THEIR ACTIONS AGAINST THE GUILTY OR NEGLIGENT DEBTOR.

IF THROUGH FORTUITOUS EVENT, THE THING IS LOST OR THE PERFORMANCE HAS BECOME IMPOSSIBLE
AFTER ONE OF THE SOLIDARY DEBTOR HAS INCURRED IN DELAY THROUGH THE JUDICIAL OR
EXTRAJUDICIAL DEMAND UPON HIM BY THE CREDITOR, THE PROVISION OF THE PRECEDING
PARAGRAPH SHALL APPLY.

- If there was an event happen that cause the impossibility of the obligation, it shall be
extinguished if there’s no fault in the part of the SD.
- But it’s proven that there’s a negligence or fault of a certain debtor, all of them is still liable for
the damages converted into monetary (because of an specific thing) but the certain debtor who
caused the fault shall only be liable for the shares plus the damages and the other debtor is only
for their shares.
- Even if there’s a presence of a F.E, all the SD still liable because of the incurred delay to deliver a
specific things plus liable also to the damages.
ARTICLE 1222

A SOLIDARY DEBTOR MAY, IN ACTIONS FILED BY THE CREDITORS, AVAIL HIMSELF OF ALL DEFENSES
WHICH ARE DERIVED FROM THE NATURE OF THE OBLIGATION AND OF THOSE WHICH ARE PERSONAL TO
HIM, OR PERTAIN TO HIS OWN SHARE. WITH RESPECT TO THOSE WHICH PERSONALLY BELONGS TO THE
OTHERS, HE MAY AVAIL HIMSELF THEREOF ONLY AS REGARDS THAT PART OF THE DEBT FOR WHICH THE
LATTER ARE RESPONSIBLE.

- THERE’S A DEFENSE IF THERE IS A NATURE OF OBLIGATION. ASSUMING THAT THE DEBT IS

ALREADY PRESCRIBED BECAUSE THERE’S NO SUCH DEMAND MADE BY THE CREDITOR.
- THERE IS A PERSONAL DEFENSE IF THE DEBTOR IS PROVEN MINOR, OR HAS A MISTAKE BECAUSE
DURING THE STIPULATION HE IS EXPERIENCING A DISEASE THAT MADE HIM DO IT TO AGREE TO
THE OBLIGATION.
- ASSUMING THAT THE OBLIGATION MAY ARISE IF THE CONDITION IS FULFILLED. MEANING, IF HE
HAS A SHARE THAT CORRESPOND TO THE PAYMENT OF THE OBLIGATION, AND A CONDITION
WILL NOT HAPPEN, HIS CERTAIN PART IS REMITTED BUT NOT THE REMAINING BALANCE TO
THEM.