Lesson 6 Joint Solidary Obligations
Lesson 6 Joint Solidary Obligations
Lesson 6 Joint Solidary Obligations
Example:
A and B solidarily bound themselves to pay a total of P15, 000 to C, 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 and B obliged themselves solidarily to pay E P4000 on
the following conditions: A to pay by installment at the
rate of P500 in September; and B to pay on Christmas
day.
In September to December E can demand only P500
from A each month. E can also make a demand from B
the P500 share of A. But E cannot recover yet the share
of B.
On Christmas day, E may demand P2000 from B. He
may also make a demand from A. Or he may demand the
whole obligation of P4000 from A or B less any amount
paid representing the obligation of A.
ART. 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. (1141a)
ART. 1213. A solidary creditor cannot assign his rights without the
consent of the others.
Solidary Creditors May Do Useful Act; Not Prejudicial Acts
A solidary creditor may do any act beneficial or useful to the others
but he cannot act prejudicial to them.
Example of Beneficial Acts
To interrupt the running of prescription, the act of one solidary
creditor in making a judicial demand upon any of the solidary
debtors is sufficient. (Art. 1155, NCC)
Example of Prejudicial Acts
Should not be performed, otherwise, there will be liability for
damages. However, in the case of remission or condonation, the
solidary creditor is allowed to so remit, and the obligation is
extinguished. But the guilty creditor has the obligation to reimburse
the other creditors share.
Art. 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,
payment should be made to him.
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.
ART. 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
provisions of 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.
Remission by Creditor
1) If payment if made first, the remission is of no effect. There is
no more to remit.
2) If remission is made prior to the payment and payment is
made, then there is payment by mistake (solutio indebiti).
3) If one of the solidary debtors obtained remission on the
whole obligation, he is not entitled to reimbursement from
his co-debtors because remission is essentially gratuitous.
ART. 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.
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.
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.
Rules in Case thing has Been Lost or
Prestation Has Become Impossible
2. If in the preceding paragraph, the car was lost through
the fault of anyone of the solidary debtors, anyone of
them may be held liable by D for the price of the car plus
damages. The debtors who did not any fault on the lost of
the car have the right to recover from the co-debtor who
is at fault.
Example
A and B are solidarily liable to C in the amount of 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. Defenses personal to him or pertaining to his own
share, such as minority, insanity and vitiated consent.