joint and solidary obligations PDF

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Joint and Solidary Obligations  Joint Obligation - where the entire obligation is to be paid or performed proportionately by the debtors (Art. 1208)

 Solidary Obligation - where each of the debtors obliges to pay the entire obligation, and where each one of the creditors has the right to demand from any of the debtors, the payment or fulfillment of the entire obligation. (Art. 1207) Kinds of Solidary Obligation 1. Passive solidary – solidarity on the part of the debtors 2. Active Solidary – solidarity on the part of the creditors 3. Mixed solidarity - solidarity on the part of both debtors and creditors Distinguish Joint from Solidary Obligation Joint Obligation Solidary Obligation Not presumed. Must be expressly stipulated by the parties, Presumed by law or when the law or the nature of the obligation requires solidarity (Art. 1207, NCC) Each debtor is liable only for a proportionate part of the entire Each debtor is obliged to pay the entire obligation debt Each creditor has the right to demand from any of the Each creditor, if there are several, is entitled only to a debtors, the payment or fulfilment of the entire obligation proportionate part of the credit (Tolentino, Civil Code Vol IV, 1999 ed. p.217) Rule as regards the joint or solidary character of an obligation GR: 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. XPNs: The obligation shall be solidary: 1. When the obligation expressly so states. 2. When the law requires solidarity. (Liable due to Quasi-delict) 3. When the nature of the obligation requires solidarity. (Partners’ liability to workers)...