Section 4.
JOINT AND SOLIDARITY
GROUP 4, BSA 1A
Bailee – the person to whom personal property is
delivered temporarily for a special purpose.
Concurrence – the state of agreeing with someone
or something.
Contemplate – consider
Quick Conventional – used and accepted by most people;
definition of usual or traditional
Distinct – different
terms Guaranty – a formal promise to pay a debt.
(from Merriam Indemnity – a payment made to someone because of
Webster Dictionary) damage.
Insolvent – not having enough money to pay debts.
Plaintiff – a person who sues another person.
Prejudice – bias; unfair
Prestation – a performance of something due upon an obligation.
Presumption – a belief that something is true even though it has
not been proved.
Principal-agent relationship – the agent acts on behalf of the
principal and should not have a conflict of interest in carrying out
the act.
Renounce - resign
Solidarity – a feeling of unity between people who have the same
interests, goals, etc.
Suits – complaints
Undertaking – a promise or agreement to do or not to do
something.
Please turn your books to page 151!
ART. 1207. The concurrence of two or
more creditors or of two or more debtors ART. 1208. If from the law, or
in one and the same obligation does not the nature or the wording of
the obligations to which the
imply that each one of the former has a
preceding article refers, the
right to demand, or that each one of the contrary does not appear, the
latter is bound to render, entire compliance credit or debt being considered
with the prestation. There is a solidary distinct from one another,
subject to the Rules of Court
liability only when the law or the nature of
governing the multiplicity of
the obligation requires solidarity. suits.
Kinds of obligations according to the number of
parties
Individual Obligation – (1) debtor; (1) ccreditor
Collective Obligation – (2) or more debtors/ (2) or
more creditors. It may be joint or solidary.
Kinds of obligations according to the number of
parties
Individual Obligation – (1) debtor; (1) ccreditor
Collective Obligation – (2) or more debtors/ (2) or
more creditors. It may be joint or solidary.
Meaning of Joint and Solidary
Obligations
Joint Obligation – the whole obligation is to be paid or fulfilled
proportionately by the different debtors and/or is to be demanded
proportionately by the different creditors.
Solidary Obligation – each one of the debtors is bound to render,
and/or each one of the creditors has a right to demand from any of the
debtors, entire compliance with the prestation.
Collective obligation presumed to be joint
1. Individual Obligation. There can be no problem regarding the
determination of the following:
(a) the person liable to pay;
(b) the person entitled to demand payment;
(c) the extent of liability of the debtor; and
(d) the extent of the right of the ccreditor
Collective obligation presumed to be joint
2. Joint Obligation – if the share of each in the obligation is
specified, the correlative rights and obligations of the parties are
known.
Collective obligation presumed to be joint
3. Joint Obligation alt. – if the share of each in the obligation is not
specified, the presumption is that the obligation is (still) joint.
(a) there are as many debts as there are debtors;
(b) there are as many credits as there are creditors
(c) the debts and/or credits are considered distinct and separate from one
another
(d) each debtor is liable only for a proportionate part of the debt;
(e) each creditor is entitled only to a proportionate part of the credit.
Presumption subject to rules on mu
ltiplicity of suits
The rules on multiplicity of suits seek to
prevent the filing of two or more suits or
complaints for a single cause of action or the
same violation of the legal right of the
plaintiff.
Words used to indicate joint liability
• mancomunada
• mancomunadamente
• pro rata
• proportionately
• "we promised to pay” signed by (2) or more person.
When is an obligation a solidary one?
the obligation expressly so states; or
the law requires solidarity; or
1. the nature of the obligation requires
solidarity
Words used to indicate solidary liability
• Jointly and/or severally
• Solidaria
• In solidum
• Together and/or separately
• Individually and/or collectively
• Juntos o separadamente
• ”I promise to pay” signed by (2) or more persons.
KINDS OF SOLIDARITY
1. According to the parties bound:
(a) Passive solidarity – any one of the debtors can be made liable for
the fulfillment of the entire obligation.
(b) Active solidarity – any one of the creditors can demand the
fulfillment of the entire obligation.
(c) Mixed solidarity – each one of the debtors is liable to render,
and each one of the creditors has a right to demand, entire compliance
with the obligation.
2. According to source :
(a) Conventional solidarity – solidarity is agreed upon by
the parties.
(b) Legal solidarity – solidarity is imposed by the law.
(c) Real solidarity – solidarity is imposed by the nature of the
obligation.
Solidarity not presumed.
The reason why the presumption in a (2) or more person
obligation is joint is because solidary obligations are very
burdensome for they create unusual rights and liabilities. The law
tends to favor the debtors in presuming that they are bound
jointly, not solidarily.
• Solidary between debtors increases their responsibility.
• Solidary between creditors increases their right.
Please turn your books to page
159!
ART. 1209. If the division is impossible,
the right of the creditors may be prejudiced
only by their collective acts, and the debt
can be enforced only by proceeding against
all the debtors. If one of the latter should
be insolvent, the others shall not be liable
for his share.
Joint Indivisible Obligation
In Indivisible Obligation, the parties are merely proportionately liable
because the object or subject matter is not physically divisible into
different parts. (One object that is not money or cash).
It is joint as to liabilities of the debtors or rights of the creditors but
indivisible as to compliance.
ARTICLE 1210.
The indivisibility of an obligation
does not necessarily give rise to
solidarity. Nor does solidarity of
itself imply indivisibility.
INDIVISIBILITY AND SOLIDARITY DISTINGUISHED.
Indivisibility Solidarity
Indivisibility refers to the prestation Solidarity refers to the juridical or legal
tie that binds them
In Indivisible Obligations, only the Solidary Obligations, all of the debtors
debtor guilty of breach of obligation is are liable for the breach of the obligation
liable for damages committed by a debtor.
Indivisibility can exist although there is There must be at least 2 debtors or 2
1 debtor and 1 creditor creditors
In Indivisible Obligations, the others are In Solidary Obligations, the other
not liable in case of insolvency of 1 debtors are proportionately liable.
debtor
ARTICLE 1211.
Solidarity may exist although the creditors
and the debtors may not be bound in the
same manner by the same periods and
conditions.
KINDS OF SOLIDARY
OBLIGATION ACCORDING TO
LEGAL TIE:
• Uniform
• Non-uniform or Varied
SOLIDARITY NOT AFFECTED BY DIVERSE STIPULATIONS.
►The essence of solidarity consists in the right of each creditor to
enforce the rights of all and the liability of each debtor to answer for the
liabilities to all.
ARTICLE 1212.
Each one of the solidary creditors
may do whatever may be useful to
the others, but not anything which
may be prejudicial to the latter.
Act of solidary creditor useful/ prejudicial to others.
► A solidary creditor may do any act beneficial or useful to the
others but he cannot perform any act prejudicial to them.
ARTICLE 1213.
A solidary creditor cannot assign his
rights without the consent of the others.
(n)
ARTICLE 1214.
The debtor may pay any one of the
solidary creditors; but if any demand ,
judicial or extrajudicial , has been
made by one of them, payments
should be made to him. (1142a)
ARTICLE 1215
Novation, compensation, confusion or remission of the debt,
made by any of the solidary creditors or with any of the
solidary debtors, shall extinguish the obligation, without
prejudice to the provision of the article 1219.
The creditor who may have executed any of these acts , as well
as he who collects the debt , shall be liable to the others for the
share in the obligation corresponding to them. (1143)
Four (4) Modes of extinguishment of obligations.
Novation – obligation is modified by
(1) changing object or principal obligations;
(2)substituting the person of the debtor , and
(3) subrogating a third person in the rights of the creditor
Compensation – when two (2) persons, in their own right become
creditors and debtors of each other.
Confusion or Merger of Rights – when the characters of creditor and
debtor are merged in the same person (Art 1275)
Remission or Condonation – This is the gratuitous abandonment by the
creditor of his right.
Liability of solidary creditor in case of
novation, compensation, confusion , or
remission.
Effects of novation, etc. where obligation
Joint
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
the others, so long as the debt has not been
fully collected.
Right of creditor to proceed against any solidary debtor.
•The choice is left to solidary creditor to
determine against whom he will enforce
collection.
Article 1217.
Payment made by one of the solidary debtors extinguishes the
obligation. If two or more solidary debtors offer 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 the interest for the payment
already made. If the payment is made before the debt is due no
interest for the intervening may be demanded.
When one of the solidary debtors cannot, because of his
insolvency, reimburse his share to the debtor paying the obligation,
such share shall be borne by all his co-debtors, in proportion to the
debt of each.
Effects of payment by a solidary debtor
(1) Between the
solidary debtors
and creditor(s).
(2) Among the
(3) Among the
solidary
solidary creditors.
debtors.
Article 1218.
Payment by a solidary debtor shall
not entitle him to reimbursement
from his co-debtors if such payment
is made after the obligation has
prescribed or become illegal.
Effects of payment after obligation has
prescribed or become illegal.
Prescriptive periods of actions.
Article 1219.
The remission 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 affected.
Effect of the remission of share after
payment
Article 1220
The remission of the whole
obligation obtained by one of the
solidary debtors , does not entitle him
to reimbursement from his co-
debtors.
No right to reimbursement in case of
remission
The reason for the above article is that the debtor
who obtains remission pays nothing to the creditor.
Remission is essentailly gratuitous.
Article 1221
If the thing has been lost or if the
prestation has become impossible
without the fault of the solidary debtors,
the obligation shall be extinguished.
Rules in case the thing has been lost or prestation has
become impossible.
1.Loss is without fault or before delay
2. Loss is due to fault on the part of a solidary debtor
3. Loss is without fault but after delay
Article 1222
A solidary debtor may, in actions filed by the
creditor, 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 belong to the others,
he may avail himself thereof only as regards
that part of the debt for which the latter are
responsible.
Defenses available to a solidary debtor.
1. Defenses derived from tha nature of obligation
2. Defenses personal to, or which pertain to share
of, debtor sued.
3. Defenses personal to other solidary debtors
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