Joint & Solidary Obligations. Kinds of Obligations. Article 1207 to 1222. Obligations and Contracts.
Summary
Highlights
Discussion of obligations classified by plurality of subjects, distinguishing between joint and solidary obligations.
Explanation of joint obligations (each debtor for a part) versus solidary obligations (one for all, all for one) with examples.
The general rule that obligations are presumed joint unless the law or the contract expressly states solidarity.
Explaining the right of reimbursement among co-debtors after one has paid the obligation, including interest and insolvency rules.
Liability rules in cases where the obligation is lost or becomes impossible to fulfill, specifically distinguishing between fault and fortuitous events.
Covers the complete and partial defenses available to a solidary debtor when sued by a creditor.
Explaining the concept of joint obligations where the object or subject matter is physically indivisible.
Solidarity can exist even if parties are bound by different terms, conditions, or periods.
Discusses the rights of solidary creditors to perform useful acts and to whom the debtor must make payment.
How novation, compensation, confusion, or remission by any solidary debtor or creditor extinguishes the obligation.