Joint and Solidary Docu

Joint and Solidary Liability 1207.
Joint – Creditors can demand his proportionate share, debtors can only be liable for his share of the obligation
Solidary – Creditors can demand entire payment of obligation, each debtor is bound to comply with the entire obligation
PRESUMPTION:
If obligation is silent, it is presumed to be Joint
If obligation is silent with respect to the nature of the right of the creditor or of liability of the debtor,
-Creditor is entitled to his proportionate , debtor liable only for his share of the obligation
Exceptions: Express Stipulation (need not literally say “solidary”), Required by Law, nature
1208.
PRESUMPTION: If obligation is silent with regards to how much is proportional, then it should be divided equally with the
number as there are creditors and debtors,
Exception: Express Stipulation, Required by Law and Nature of the obligation.
A joint creditor cannot act in representation of others
A joint debotr cannot be compled to answer liability of the others
IF THERE IS BREACH BY ONE OF THE DEBTOR – Born by the one responsible ALONE, so as DEFENSE
Acknowledgement of one of the debtors, will not stop running the period of prescription to others.
1211.
Active Solidarity – among creditors – tie among several creditors of one obligation, creditor only with respect to his
share, but in relation to debtors, represents all creditors.
EFFECTS: creditor, via mutual agency, can collect not only his share of the obligation but to the entire obligation
With the consequent obligation to render an account of his acts (get only his share, give the others
theirs)
Passive Solidarity – among debtors – tie among several debtors of one obligation, debtor with respect to his share of the
obligation, but in relation to the creditors, represents all other debtors.
EFFECTS: each debtor in so far as the creditors are concern, is the debtor of the entire amount.
Fundamental effect, liable to pay the entire obligation, with the consequent right to demand
reimbursement.
A solidary guarantor or surety is a person who binds himself solidary with the principal of the debtor.
Similarity: they are both solidary liable to the creditor for the entire obligation.
Solidary Debtor Surety – does not become a solidary debtor, assumes to

pay debt before properties of the
principal debtor is exhausted.
Liable for debt of another but also which is properly Liable for debt of another, no original debt
his own
Right to demand reimbursement from his co-debtors their Reimbursement from the principal debtor of the
corresponding shares (many) entire amount that he has paid, only those debtor who he
guaranteed
Limited rights, extension to one debtor without knowledge of Extension granted to the principal debtor would release the
other solidary debtors would not have surety from his obligation
the effect of releasing the latter from their
obligation
EFFECTS OF VARIED CONDITIONS
Uniform or Varied,
Relationship of solidarity is not destroyed by the fact that the obligation of one debtor is conditional, the obligation of
another is with a term, and a third is pure. Nor is it destroyed, if they are bound by different conditions or by different
periods.
Right of the creditors is limited to the recovery of the share owed by the debor whose obligation has already matured
leaving in suspense his right to recover share from those who have not yet matured.
1212. Each one of the solidary creditors may be do whatever may be useful to others, but not anything which may
prejudicial to the latter.
BENEFICIAL – solidary creditor may demand performance of the entire obligation, BENEFITS those did not demand as well.
IF PERFORMED , other creditors have right to demand from creditor their corresponding
shares
PREJUDICIAL – first distinguish between the effect of such acts upon the relationship of the solidary creditors with
debtors, and creditors to creditors.
For the debtors – the prejudicial act is valid and binding, (mutual representation principle)
For the creditors – the creditor responsible for the act shall incur the obligation to indemnify damages,
1213. Solidary Creditor cannot assign his rights without the consent of the others.
Active solidarity is essentially a mutual agency – predicated upon mutual confidence ( personal qualification )
Assignment of rights to a co-creditor (valid)

Assignment of rights to a third person without consent (invalid) - || co creditors and debtors – may
not recognize
1214.
Effect of Demand by a Creditor - payment shall be made only to the creditor who made the demand and no
other.
ABSENT DEMAND – payment may be made to anyone of the solidary creditor
1215.
Novation – change or substitution of an obligation by another, resulting in its extinguishment or modification, by either
changing the OBJECT or PRINCINPAL condition, by substituting another in place of the debtor, or by subrogating a third
person in the rights of the creditor. (NEW IN LIEU OF THE OLD)
Liability of the creditor who effected shall depend upon the CHARACTER OF THE NEW
OBLIGATION
Changing its object or principal condition – it may be prejudicial or beneficial

If prejudicial – solidary creditor shall reimburse his co-creditor for damages If
beneficial – liable for the new share, as well as benefits.
Changing debtor – deficiency of the new debtor, novation creditor is liable.

General rule, extension of payment of obligation given by the creditor to a solidary debtor does not constitute a novation
with respect to the other debtors – (page 198)
Compensation - is a figurative operation of weighing two obligations simulatenously in oreder to extinguish them to the
extent that the amount of one is covered by the amount of the other. ( similar value of utang – set off)
Confusion - refers to merger of the qualities of creditor and debtor in one and the same person with respect to one and
the same obligation ( A owes B money, B owes money to C and C owes money to A),.,, in this case, A executed a
voucher payable to B, which b then used as instrument to pay C, and C owing money to A uses the same cash voucher
issued by A. In this case, A is the creditor and the Debtor, confused in one person,
Remission (condonation) – act of pure liberality by virtye of which the creditor, without having receive any
compensation, renounes his right to the obligation, (maybe total or partial) – effected by one, some but not all of the
solidary creditors, in favor of one or some or all of the debtors,.
WHETHER TOTAL OR PARITAL, the obligation is extinguished in its entirety or in that part or aspect to which the
remission refers,
Giving liability on the part of the creditor/s responsible to reimburse the others for their share, (not included creditors who
also)
EFFECTS OF REMISSION

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Joint and Solidary Liability 1207.

Exception: Express Stipulation, Required by Law and Nature of the obligation.

A joint creditor cannot act in representation of others

A joint debotr cannot be compled to answer liability of the others

Solidary Debtor Surety – does not become a solidary debtor, assumes to

EFFECTS OF VARIED CONDITIONS

Assignment of rights to a co-creditor (valid)

Changing its object or principal condition – it may be prejudicial or beneficial

Changing debtor – deficiency of the new debtor, novation creditor is liable.

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