Art.

1210

INDIVISIBILITY & INDIVISIBLE
OBLIGATION
SOLIDARITY & SOLIDARITY
OBLIGATION
- refers to prestation

- IO only the debtor guilty of breach of
obligation is liable for damages

- I exist only when there is one debtor
and one creditor
- IO the others are not liable in case of
insolvency of the one debtor
- refers to juridical or legal ties that
binds the parties
- SO all the debtors are liable for the
breach of the obligation committed by
co-debtor
- S must be at least 2 debtors or 2
creditors
- SO others are proportionately liable in
case of insolvency of the co-debtor

1211

Kinds of solidary obligation accdg to LEGAL TIE
1. Uniform the parties are bound by the same stipulations or clauses
2. Non- uniform or varied the parties are not subject to the same stipulations
or clauses

An obligation may be joint on the side of the creditors and solidary on the side of
debtors, or vice versa.

A solidary creditor who assigns his rights without the consent of his co-creditors shall
answer subsidiarily for any prejudice caused to the latter by the assignee in connection
with the credit.

1215
Novation, compensation, confusion, remission shall extinguish the obligation in
solidary obligation but NOT in joint obligation

Payment of 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.

1219
If payment made first, the remission or waiver is of NO effect because there is no
more obligation to remit.
If remission was made before the payment was made, solutio indebiti arises.

1222
Defenses available to solidary debtor
1. defenses derived from the nature of obligation
2. defenses personal to, or which pertain to share of, debtor sued eg. Insanity
of the debtor during the making of (contracting the) obligation
3. defenses personal to other solidary debtors

Section 5

PENAL CLAUSE CONDITION
- constitutes an obligation although
accessory
- may become demandable in default of
unperformed obligation and sometime
jointly with it
- does not constitute

- never demandable