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ART. 1207.
The concurrence of two or more
creditors or of two or more debtors in one and the same
obligation does not imply that each one of the former
has a right to demand, or that each one of the latter is
bound to render, entire compliance with the prestation.
There is a solidary liability only when the obligation
requires solidarity. (1137a)
ART. 1208.
If from the law, or the nature or the
wording of the obligations to which the preceding article
refers the contrary does not appear, the credit or debt
shall be presumed to be divided into as many equal
shares as there are creditors or debtors, the credits or
debts being considered distinct from one another,
subject to the Rules of Court governing the multiplicity of
suits. (1138a)
Joint Obligation
It is an obligation where there is a concurrence
of two or more debtors or two or more creditors or of
several debtors and creditors, by virtue of which
each of the debtors is liable for a proportionate part
of the credit.
2)
3)
SOLIDARY OBLIGATION
There are solidary liability when
1)
2)
3)
1.
2.
3.
The object is indivisible and the T/E between the parties are
merely proportionately liable.
Example
A and B are jointly liable to give C a particular car. The obligation
is joint but since the object is indivisible, the creditor must proceed
against al the joint debtor. If any of the joint debtors be insolvent,
the others shall not be liable for others.
Examples:
1.
2.
3.
4.
Example:
A and B solidarily bound themselves to pay a total of P10,
000 to C, and D and E to the following conditions. Cs share
will be due at the end of the year; D will get his share only
after he passes the CPA exams and E will get his share only
after he painted the house of C.
Example
A is liable to B and C P5, 000. A may pay either B or C But
if B made a demand then payment should only be made
to him. If A paid C, B is still entitled to his share from A in
case C does not turn over to B his share.
Example
A, B and C solidarily owe D the amount of P9, 000. D can
collect from A or B or C alone or from any two of them or all
of them simultaneously. If demand is made on A, the latter
cannot require D to make a demand also on B and C or to
include them as party defendants as D has the right to
proceed against any one of them.
1.
2.
Remission by Creditor
1)
2)
3)
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 of damages and interest, without prejudice to
their action against the guilty or negligent debtor.
1.
Example:
A, B and C are solidarily bound to deliver a
determinate car to D. Without any fault on the part of
any one of the debtors, the car was lost through the
fortuitous event. The obligation is extinguished.
3.
ART.
With
1.
Example
A and B are solidarily liable to C in the among to P6, 000. The
entire debt was paid by d. in an action by C against A, the
latter can raise the defense of payment by virtue of which
the obligation was extinguished.
Defenses available to a
Solidary Debtor
2.
3.