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Introduction: JOINT SOLIDARY

Joint and Solidary Obligation generally Proportionately Jointly and severally


occur whenever there is concurrence of two or Pro rata Individually and collectively
more creditors or two or more debtors in one Jointly
and the same obligation.

In short, kung sa isa at parehong


obligation may 2 o higit pang debtor or creditor, UNAHIN MUNA NATIN ANG JOINT OBLIGATION
ang obligation na yun ay maaring joint or
JOINT OBLIGATION
solidary
Definition
However, according to Art. 1207 The
concurrence of two or more creditors or of two Each of the debtor is liable only for a
or more debtors in one and the same obligation proportionate share of the debt, and each
does not imply that each one of the former has creditor is entitled only to a proportionate
a right to demand, or that each one of the latter share of the credit.
is bound to render, entire compliance with the
prestation. There is a solidary liability only Nature of Liability/obligation
when the obligation expressly so states, or The debt shall be divided into as many equal
when the law or the nature of the obligation shares as there are creditors or debtors, the
requires solidarity. credits or debts being considered distinct from
In short, kung may 2 o higit pang one another.
creditor o debtor sa isang obligasyon ang Example:
general rule ito ay JOINT, I presume mo na ito
ay joint obligation, at hindi dapat solidary, dahil A and B obliged themselves to pay X and Y
ang solidary obligation cannot be presumed. P4000. How may Obligations are there?
That is why the highlighted second paragraph
Remember the nature of liability/obligation in a
states kung kelan lang may solidary, only when :
joint obligation
There is a solidary liability only when the
Answer: there are four obligations
obligation expressly so states, or when the law
or the nature of the obligation requires Obligation one: A to X P1000
solidarity.
A to Y P1000

B to X P1000
Examples:
B to Y P1000
Joint Obligation
Example: A,B,C jointly executed a promissory
A,B,C jointly executed a promissory note note worded as follows: “WE promise to pay to
worded as follows: “WE promise to pay to the the order of X P9000.” –Sgd A,B,C
order of X P9000.” –Sgd A,B,C
Answer: A, B,C is liable to pay to X, in the
Solidary Obligation amount of P3000 each.
A, B,C executed a promissory note worded as
follows:
KINDS OF JOINT OBLIGATION
“I promise to pay to X or order the sum of
P30,000. JOINT INDIVISIBLE

Take note of the keywords on how to -there are several debtors or creditors but the
distinguish a joint obligation from solidary. prestation is indivisible.
Example: A,B,C obliged themselves to give X,Y
and Z, a specific horse values at P300.

JOINT DIVISIBLE

- the prestation is divisible.

Example: kapag nangutang ng sum of money.

SOLIDARY OBLIGATION

Take note of the kinds of solidary obligation.

Take note of the following topics under solidary


obligation:

1) 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.

2) Can a solidary debtor assign his right


without consent of his co-debtor?

Article 1213. A solidary creditor cannot


assign his rights without the consent of the
others.

3) Effects of novation, compensation,


confusion or remission of debt made by one
of the solidary creditors or with any of the
solidary creditors.

Article 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.

Also take note of art. 1216 and 1217. 1221


and 1222.