CHAPTER 1
GIVE) - subject matter is a thing which
Article 1156 - Obligation is a juridical
necessity to give, to do, or not to do.
Obligation
Derived from the latin word obligatio
meaning tying or binding
Juridical necessity - in case of
noncompliance, the court of justice
may be called upon
Civil obligations - give the creditor or oblige a
right under the law to enforce their
performance
Natural obligations - not being based on
positive law but on equity and natural law
Reciprocal obligations - bilateral obligation.
Two way obligation or binds the two (creditor
and debtor) in the obligation
Essential requisites of an obligation
Passive subject - (DEBTOR or
OBLIGOR) bound to the fulfillment of
the obligation
Active Subject - (CREDITOR or
OBLIGEE) entitled to demand the
fulfillment of the obligation
Object or Prestation - (SUBJECT
MATTER of the obligation) conduct
required to be observed by the debtor
Juridical or Legal tie - (EFFICIENT
CAUSE) which binds or connects the
partied to the obligation
Form of an obligation - manner in which an
obligation is manifested. Can me oral,
written or partly oral and partly written
Obligation, right and wrong distinguished
Obligation - act or performance which
the law will enforce
Right - power which a person has
under the law to demand from another
any prestation
Wrong - omission of one party in
violation of the legal rights.
Kinds of Obligation according to the subject
matter
Real obligation - (OBLIGATION TO
the obligor must deliver to the oblige
Personal obligation - (OBLIGATION TO
DO OR NOT TO DO) subject matter is
an act to be done or not to be done
Positive personal obligation -
obligation to do or to render
sevice
Negative personal obligation -
obligation not to do
Article 1157 - Sources of
obligation/Obligations arise from:
Law - omposed by law itself
Contracts - arise from the stipulation
of the parties
Quasi-contracts - lawful, voluntary and
unilateral acts which are enforceableto
the end that no one shall be unjustly
enriched or benefited at the expense
of another. No contract but has an
obligation.
Crimes or acts or omissions punished
by law - arise from civil liability
Quasi-delicts or torts - arise from
damage caused to another through
act or omission. No criminal intent but
has negligence.
Article 1159 - obligations arising from
contracts have the force of law between
the contracting parties
Contractual obligations
Contract - meeting of the minds
between two persons whereby one
binds himself with respect to the
other
Binding force - force of law. It cannot
be valid if it is against the law
Requirement of a valid contract -
contract is valid if it is not contrary to
the law, morals, good customs, public
order and public policy.
Breach of contract - can be breached
or violated by a party in whole or in
part. Takes place when a party fails or
refuses to comply
Compliance in good faith - compliance in
terms of the contract or agreement.
Article 1160 - obligations deriving from
quasi-contracts
Quasi-contracts - juridical relation resulting
from lawful, voluntary, unilateral acts
Kinds of quasi-contracts
Negotiorum gestio - voluntary
management of the property without
the knowledge or consent of the latter
Solutio indebiti - juridical relation
created when something is received
when there is no right to demand it
and it was unduly delivered through
mistake.
Article 1161 - civil obligations arising
from criminal offenses shall be
governed by the penal laws
Criminally liable for an act also civilly
liable for damages
Scope of civil liability
Restitution
Reparation
Indemnification
Article 1162 - Obligations arising from
quasi-delicts
Quasi-delicts or torts - an act or omission by
a person which causes damage to another in
his person, property, or rights giving rise to
an obligation to pay.
CHAPTER 2
Article 1163 - Every person obliged to
give something is also obliged to take
care of it with proper diligence of a
good father of a family, unless it
requires another standard of care.
Specific or Determinate thing
Particularly designated or physically
segregated to others
Identified by its individuality
The debtor cannot substitute it with
another without the consent of the
creditor
Generic or indeterminate thing
Refers only to a class or genus which
cannot be pointed out with
particularity
Identified only by its specie
Debtor can give anything in the same
class as long as it is the same kind
Duties of debtor on obligation to give a
determinate thing
1. Preserve the thing - In obligations to
give, obligor has the incidental duty to
take care of the thing due with the
diligence of a good father of a family
Diligence of a good father of a
family - ordinary care or average
diligence
Another standard of care - law or
the stipulation of the parties
provides for another standard of
care
Factors to be considered -
diligence required necessarily
depends upon the nature of the
obligation and corresponds with
the circumstances of the person,
time, and place. General rule,
debtor is not liable if his failure
to preserve is not due to his fault
or negligence but to fortuitous
event.
Reason for debtors obligation -
debtor must excise diligence to
insure that the thing to be
delivered would subsist in the
same condition as it was when
obligation was contracted.
Duties of debtor in obligation to deliver a
generic thing
1. To deliver a thing which is of the
quality intended by the parties
2. To be liable for damages in case of
fraud, negligence or delay
Article 1164 - The creditor has a right to
the fruits of the thing from the time the
obligation to deliver arises. However, he
shall acquire no real right over it until
the same has been delivered to him.
Different kinds of fruits
 Natural fruits - spontaneous products
of soil, young and other animals
Industrial fruits - produced by lands of
any kind through cultivation and labor
Civil fruits - derived by virtue of a
juridical relation
Right of creditor to fruits - creditor is entitled
to the fruits of the thing from the time
obligation to make delivery arises.
When obligation to deliver fruits arises:
Obligation to deliver the thing and
consequently the fruits arises from the
perfection of the contract. Refers to
the birth of the contract or to the
meeting of the minds
If obligation is subject to a suspensive
condition or period, arises upon the
fulfillment of the condition or arrival of
the term
Contract of sale, obligation arises from
perfection of the contract even if it is
subject to a suspensive condition
Obligations to give arising from law,
quasi-contract, delicts and quasi-
delicts, the time of performance is
determined
Meaning of personal and real right
Personal right
right of power to demand from
another as a definite passive subject
has a definite active and passive
subject
enforce against a particular person
Real right
right or interest of a person over a
specific thing without a definite
passive subject. Right is acquired upon
delivery.
Has definite active subject but has no
definite passive subject
Directed against the whole world
Ownership acquired by delivery - he shall
have no real right over it until the same has
been delivered to him. Creditor does not
become the owner until the thing has been
delivered to him.
Article 1165
When what is to be delivered is a
determinate thing, the creditor
may compel the debtor to make
the delivery.
If it is indeterminate or generic,
creditor may ask that the
obligation be complied at the
expense of the debtor
If obligor delays, or promised to
deliver the same thing to two or
more persons who do nit have the
same interest, debtor will be
responsible for fortuitous event
Remedies of creditor in real obligation
In specific real obligation:
Demand specific
performance/fulfillment with a
right to indemnity for damages
Demand rescission or
cancellation with a right to
recover damages
Demand payment for damages
only
In generic real obligation:
Can be performed by a third
person
Creditor has the right to recover
damages
Article 1166 - Obligation to give a
determinate thing includes delivering
all its accessions and accessories even
though they may not have been
mentioned.
Accessions - fruits of a thing or additions or
improvements
Accessories - things joined to or included
with the principal thing
Rights of creditor to accessions and
accessories
All accessions and accessories are
considered included to in the
obligation to deliver a determinate
thing although they may not have
been mentioned.
Accessory follows the principal
Article 1167 - If a person ibliged to do
something fails to do it, the same shall
be executed at his cost.
Situations contemplated in Article 1167:
Debtor fails to perform an obligation to
do
Debtor performs an obligation to do
but contrary to the terms
Debtor performs an obligation to do
but in poor manner
Remedies of creditor:
Creditor has the right to perform the
obligation by himself or by another
To recover damages
Court may order to undone the
obligation if possible.
Article 1168 - Obligation consists in not
doing, and the obligor does what has
been forbidden him, it shall be undone
at his expense
Remedies of creditor:
Undoing of the forbidden thing plus
damages
If it is not possible to undo, remedy is
an action for damages
Article 1169 - Those obliged to deliver
or to do something incur in delay by the
time oblige judicially or extra judicially
demands the fulfillment. However,
demand by the creditor shall not be
necessary in order that delay may exist
when:
Obligation or law expressly so
declares
Nature and circumstances of the
obligation appears that time was
a controlling motive/ time is of
the essence
Demand would be useless as
obligor rendered it beyond his
power to perform
Meaning of delay
Ordinary delay - failure to perform the
obligation on time
Legal delay or default or mora - failure
to perform the obligation on time
which constitutes a breach of
obligation
Kinds of delay:
Mora Solvendi - delay on the part of
the debtor
Mora Accipendi - delay on the part of
the creditor
Compensatio Morae - delay of the
obligors in reciprocal obligations
Article 1170 - Those who in the
performance are guilty of fraud,
negligence or delay and those who in
any manner contravene the tenor
(terms) are thereof, liable for damages.
Four grounds of liability:
Fraud (deceit or dolo) - deliberate or
intentional evasion of the normal
fulfillment of an obligation. Implies
some malice or dishonesty.
Incidental fraud (dolo incidente)
- fraud after the fact.
Causal fraud (dolo causante) -
Fraud before the fact
Negligence - (fault or culpa) - any
voluntary act or omission but there is
no bad faith or malice. Failure to
observe the care or diligence needed
but not intentional or has no malice
Delay (mora) - failure to perform the
obligation on time
Contravention of the terms of the
obligation - violation of the terms
stipulated in the obligation
Article 1171 - Responsibility arising
from fraud is demandable on all
obligations. Any waiver for future fraud
is void.
Article 1172 - Responsibility arising
from negligence in performance of any
kind is also demandable but such
liability may be regulated by the courts
Kinds of negligence:
Contractual negligence (Culpa
contractual) - negligence in contracts
 resulting in their breach. Not a source
of obligation but merely makes the
debtor liable for damages.
Civil negligence (Culpa aquiliana) -
negligence is the source of obligation
Criminal negligence (Culpa criminal) -
negligence resulting in the
commission of a crime
Article 1173 - the fault or negligence of
the obligor consists in the omission of
that diligence which is required by the
nature of the obligation.
Article 1174 - Except in cases expressly
specified by the law, or when it is
otherwise declared by stipulation or
when the nature of the obligation
requires the assumption of risk, no
person shall be responsible for those
events which could not be foreseen and
if foreseen were inevitable.
Fortuitous event - events that cannot be
foreseen or which foreseen is inevitable.
Fortuitous event distinguished from force
majeure:
Acts of man - event independent of
the will of the obligor but not of other
human willa
Acts of god - called majeure. Totally
independent will of every human
being
Kinds of fortuitous event:
Ordinary fortuitous event - events that
are common and could reasonably
foresee by the contracting parties
Extra-ordinary fortuitous event -
events that are uncommon and could
not have reasonably foreseen
Requisites of a fortuitous event:
Event must be independent of the
human will or atleast the debtors will
Event could not be foreseen and if
foreseen is inevitable
Event must be of such character as to
render it impossible for the debtor to
comply
Debtor must be free from any
participation in the aggravation of
injury
Absence of any of the above requisites
would prevent obligor from being
exempt from liability
Article 1175 - Usurious transactions
shall be governed by special laws
Simple loan or mutuum - contract whereby
one of the parties delivers to another, money
or other consumable thing
Usury - contracting for or receiving interest
in excess of the amount allowed by the law
for the loan
Article 1176 - Receipt of the principal by
the creditor, without reservation with
respect to interest, shall give rise to the
presumption that said interest has been
paid.
Presumption - inference of a fact not actually
known arising from its usual connection with
another which is known or proved.
Payment - apply to the interest first before
principal. If it will apply to the principal, then
there is a presumption that the interest is
has already been paid.
Two kind of presumption:
Conclusive presumption - cannot be
contradicted
Disputable (or rebuttable)
presumption - can be contradicted or
rebutted by presenting proof
CHAPTER 3 - Section 1
Article 1179 - Every obligation whose
performance does not depend upon
future or uncertain event, or upon a
past event unknown to the parties is
demandable at once. Every obligation
which contain a resolutory condition
shall also be demandable, without
prejudice.
Pure obligation - not subject to any condition
and no specific date is mentioned for its
fulfillment and is therefore, immediately
demandable
Conditional obligation - consequences are
subject in one way or another to the
fulfillment of a condition.
Condition - future or uncertain event, upon
the happening of which, the effectivity or
extinguishment of an obligation subject to it
depends.
Characteristics of condition:
Future and uncertain
Past and unkown
Two principal kinds of condition
Suspensive condition (condition
precedent or condition antecedent) -
one the fulfillment of which will give
rise to an obligation. Condition must
be fulfilled first before the obligation
will exist.
Resolutory obligation (condition
subsequent) - one the fulfillment of
which will extuinguish an obligation
already existing.
Article 1180 - When the debtor binds
himself to pay when his means permit
to pay when his means permit him to do
so, the obligation shall be deemed to be
one with a period.
Period - future and certain event upon the
arrival of the obligation
Article 1182 - When the fulfillment of
the condition depends upon the sole
will of the debtor, the conditional
obligation shall be void. If it depends
upon the will of a third person, the
obligation shall take effect in
conformity with the provisions of this
code
Classification of conditions:
As to effect
Suspensive - happening which
gives the rise to the obligation
Resolutory - happening of which
extinguishes the obligation
As to form
Express - condition is clearly
stated
Implied - condition is merely
inferred
As to possibility
Possible - condition is capable of
fulfillment, legally and
physically
Impossible - condition is not
capable of fulfillment, legally or
physically
As to cause or origin
Potestative - condition depends
upon the will of one of the
contracting parties.
Casual - condition depends
upon chance or upon the will of
the third parties.
Mixed - condition depends
partly upon chance and partly
upon the will of a third person
As to mode
Positive - condition consists in
the performance of an act
Negative - condition consist in
the omission of an act
As to numbers
Conjunctive - there are several
conditions and all must be
fulfilled
Disjunctive - several conditions
and only one or some must be
fulfilled
As to divisibility
Divisible - condition is
susceptible of partial
performance
Indivisible - condition is not
susceptible of partial
performance
Article 1183 - Impossible conditions,
those contrary to good customs or
public policy and those prohibited by
law shall annul the obligation which
depends upon them.
Two kinds of impossible conditions
Physically impossible conditions -
when they are in nature of things,
cannot exist or cannot be done
 Legally impossible conditions - when
they are contrary to law, morals, good
customs, public order, or public policy
Effect of impossible conditions
Conditional obligation void -
impossible conditions, annul the
obligation which depends upon them
Conditional obligation valid - condition
is negative, that is, not to do an
impossible thing, it is disregarded and
the obligation is rendered pure and
valid
Only the affected obligation void - if
obligation is divisible, the part thereof
not affected by the impossible
condition shall be valid
Only the condition void - if obligation
is a pre-existing obligation, and
therefore, does not depend upon the
fulfillment of the condition which is
impossible, for its existence, only the
condition is void.
Article 1184 - the condition that some
even happen at a determinate time
shall extinguish the obligation as soon
as the time expires or if it has become
indubitable that the event will not take
place.
Article 1185 - The condition that some
event will not happen at a determinate
time shall render obligation effective
from the moment the time indicated has
elapsed, or if it has become evident
that the event cannot occur. If no time
has been fixed, the condition shall be
deemed fulfilled at such time as may
have probably been contemplated,
bearing in mind the nature of the
obligation
Article 1186 - the condition shall be
deemed fulfilled when the obligor
voluntarily prevents its fulfillment.
Constructive fulfillment of suspensive
condition:
Condition is suspensive
Obligor actually prevents the
fulfillment of the condition
He acts voluntarily
Article 1187 - The effects of a
conditional obligation to give, once the
condition has been fulfilled, shall
retroact to the day of the constitution
of the obligation.
Example is when A is obliged to
deliver the horse to B after He marries
C. 2 days after, A married C but the
day before that, the horse gave birth.
Therefore, The horse as well as its
fruits will belong to C.
Article 1189 - When the conditions have
been imposed with the intention of
suspending the efficacy of an obligation
to give, the following rules shall be
observed in case of improvement, loss
or deterioration:
Thing is lost without the fault of the
debtor, the obligation shall be
extinguished.
Thing is lost through fault of debtor,
he shall be obliged to pay damages
Thing deteriorated without the fault of
the debtor, impairment is to be borne
or suffered by creditor
Thing deteriorated with the fault of the
debtor, creditor may choose between
the rescission of the obligation and its
fulfillment with indemnity for damages
Thing is improved by its nature, or by
time, the improvement shall inure to
the benefit of the creditor.
Thing is improved at the expense of
the debtor, he shall have no other
right than that granted to the
usufructuary
CHAPTER 3 - Section 2
Article 1193 - Obligations for whose
fulfillment a day certain has been fixed,
shall be demandable only when that day
comes. Obligations with a resolutory
period take effect at once but terminate
upon arrival of the day certain.
Obligation with a period - one whose effects
or consequences are subjected in one way or
another to the expiration or arrival of said
period or term.
Period - future and certain event upon the
arrival of which the obligation subject to it
either arises or is terminated.
Period and condition distinguished
As to fulfillment - period is a certain
event which will happen sooner or
later, while condition is an uncertain
event
As to time - period refers only to
future, while condition may also refer
to a past event unknown to parties
As to influence on the obligation -
period merely fixes the time for the
efficaciousness of the obligation while
condition causes an obligation either
to arise or cease.
As to effect, when left to debtors will -
period that depends on the will of the
debtor will empower the court to fix
the duration while condition that
depends upon the sole will of debtor
will invalidates the obligation
As to retroactivity of effects - arrival of
the period doesnt have retroactive
effects while condition has retroactive
effects
Kinds of period or term:
According to effect
Suspensive period - obligation
begins only from a day certain
upon the arrival of period
Resolutory period - obligation is
valid up to a day certain and
terminates upon the arrival of
the period.
According to source
Legal period - provided for by
laws
Conventional or voluntary
period - agreed to by the parties
Judicial period - fixed by the
court
According to definiteness
Definite period - fixed or it is
known when it will come
Indefinite period - not fixed, not
known when it will come
Article 1195 - Anything paid or
delivered before the arrival of the
period, the obligor being unaware of
the period or believing that the
obligation has become due and
demandable, may be recovered with the
fruits and interests.
Article 1198 - The debtor shall lose
every right to make use of period when:
After the obligation has been
contracted he becomes insolvent,
unless he gives guaranty or
security for debt
He does not furnish to the
creditor the guaranties or
securities which he has promised
By his own acts he has impaired
said guaranties or securities after
their establishment
the debtor violates any
undertaking
debtor attempts to abscond
CHAPTER 3 - Section 3
Article 1199 - Person alternatively
bound by different prestations shall
completely perform one of them.
Creditor cannot be compelled to receive
part of one and part of the other
undertaking
Kinds of obligation according to subject:
Simple obligation - only one prestation
Compound obligation - two or more
prestations
Conjunctive obligation - several
prestations and all of them are
due
Distributive obligation - two or
more of the prestations is due.
Alternative obligation -
several prestations are
due but the performance
of one is sufficient
Facultative obligation -
one prestation is due but
debtor may substitute
another
Article 1200 - Right of choice belongs to
the debtor unless it has been expressly
granted to the creditor.
Right of choice o debtor not absolute - debtor
cannot choose those prestations which are:
impossible, unlawful, could not have been
the object of the obligation and when only
one prestation is practiceable.
Article 1201 - The choice shall produce
no effect except from the time it has
been communicated.
Communication of notice that choice has
been made:
Effect of notice - until the choice is
made and communicated, the
obligation remains alternative
Proof and form of notice - orally,
writing, expressly or impliedly
Article 1202 - Debtor shall lose the right
of choice when among the prestations,
whereby he is alternatively bound, only
one is prracticeable. The obligation will be
converted into a simple one.
Article 1203 - if through the creditors
acts, the debtor cannot make a choice
according to the terms and obligation,
the latter may rescind with damages.
Rescission - return the things which were the
object of the contract together with their
fruits and the price with its interest.
Article 1204 - The creditor shall have a
right to indemnity for damages when,
through the fault of the debtor, all
things which are alternatively the
object of the obligation have been lost
or the compliance of the obligation has
become impossible. Indemnity will be
fixed taking as basis the value of the
last thing which disappeared.
Article 1205 - When the choice has been
expressly given to the creditor, the
obligation shall cease to be alternative
from the day when the selection has
been communicated to the debtor. Until
then the responsibility of the debtor
shall be governed by the following
rules:
If one of the things is lost through
a fortuitous event - debtor will have
to deliver what the creditor will choose
among the remaining choices
If the loss of one thing occurs
through the debtors fault -
creditor may claim any of the
remaining choices with a right to
damages.
If all of the things are lost through
the debtors fault - choice of the
creditor will be the price of any of the
choices with indemnity for damages.
If all things are lost through
fortuitous event - obligation shall be
extinguished.
Art. 1206. When only one prestation has
been agreed upon, but the obligor may
render another in substitution, the
obligation is called facultative.
The loss or deterioration of the thing
intended as a substitute, through the
negligence of the obligor, does not
render him liable. But once the
substitution has been made, the obligor
is liable for the loss of the substitute on
account of his delay, negligence or
fraud.
Facultative obligation - one prestation has
been agreed upon but the obligor may
render another in substitution
Effect of loss:
Before substitution - if loss through
fortuitous event, obligation is
extinguished. If not, debtor is liable for
damages.
After substitution - debtor is not liable
because it is no longer due
Alternative and facultative obligations
distinguished:
Number of prestations - in alternative,
several prestations are due while in
facultative, one prestation is due and
is allowed to substitute it.
Right of choice - in alternative, the
right may be given to the creditor or
third person while in facultative, the
 right to make substitution is given only
to the debtor
Loss through fault of debtor -
Alternative: (a) loss of one of the
choices does not make the debtor
liable. (b) where right of choice
belongs to creditor, loss of one choices
gives rise to liability on the debtor.
Facultative: (a) loss of thing
extinguishes the obligation. (b) loss of
the substitute before substitution
doesnt make the debtor liable.
CHAPTER 3 - Section 4
Art. 1207. The concurrence of two or
more creditors or of two or more
debtors in one and the same obligation
does not imply that each one of the
former has a right to demand, or that
each one of the latter is bound to
render, entire compliance with the
prestation. There is a solidary liability
only when the obligation expressly so
states, or when the law or the nature of
the obligation requires solidarity.
Art. 1208. If from the law, or the nature
or the wording of the obligations to
which the preceding article refers the
contrary does not appear, the credit or
debt shall be presumed to be divided
into as many shares as there are
creditors or debtors, the credits or
debts being considered distinct from
one another, subject to the Rules of
Court governing the multiplicity of
suits.
Kinds of obligations according to the number
of parties
Individual obligation - only have 1
obligor or 1 obligee
Collective obligation - have 2 or more
debtors and/or 2 or more creditors
Joint obligation - whole obligation is to be
paid or fulfilled proportionately by different
debtors and/or to be demanded
proportionately by different creditors
Solidary obligation - each one of the debtors
is bound to render and/or each one of the
creditors has a right to demand
If obligation is silent, it is presumed to be
joint obligation.
Words used to indicate joint liability -
mancomunada, mancomunadamante, pro
rata
Kinds of solidarity:
According to the parties bound
Passive solidarity - solidarity on
the part of the debtors
Active solidarity - solidarity on the
part of the creditors
Mixed solidarity - solidarity on the
part of the debtors and creditors
Art. 1209. If the division is impossible,
the right of the creditors may be
prejudiced only by their collective acts,
and the debt can be enforced only by
proceeding against all the debtors. If
one of the latter should be insolvent,
the others shall not be liable for his
share.
Joint indivisible obligation - when one of the
debtors are not willing, instead of the thing,
they will just instead pay the price of their
share and the unwilling debtor shall be liable
for damages to the creditor.
Art. 1210. The indivisibility of an
obligation does not necessarily give rise
to solidarity. Nor does solidarity of itself
imply indivisibility.
Indivisibility - refers to the prestation
Solidarity - refers to the juridical or legal tie
that binds ties.
Art. 1211. Solidarity may exist although
the creditors and the debtors may not
be bound in the same manner and by
the same periods and conditions.
Kinds of solidarity obligation according to the
legal tie
Uniform - parties are bound by the
same stipulation
 Non-uniform or varied - parties are not
subject to the same stipulation
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)
Solidary creditor may do any act beneficial or
useful to the other but he cannot perform
any act prejudicial to them or else obligation
will be extinguished.
In case of remission or condonation, the
responsible creditor (B) has to reimburse the
share of the other creditor/s (C)
Art. 1213. A solidary creditor cannot
assign his rights without the consent of
the others. (n)
Creditor cannot assign his rights to the third
person without the consent given by other
creditor/s
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. (1142a)
Debtor (A) can pay either of the creditors (B
& C) however if it is demanded that he must
only pay to a certain creditor (B), then the
debtor should only pay to that certain
creditor (B).
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. (1143)
Art. 1216. The creditor may proceed
against any one of the solidary debtors
or some or all of them simultaneously.
The demand made against one of them
shall not be an obstacle to those which
may subsequently be directed against
the others, so long as the debt has not
been fully collected. (1144a)
Art. 1217. Payment made by one of the
solidary debtors extinguishes the
obligation. If two or more solidary
debtors offer to pay, the creditor may
choose which offer to accept.
He who made the payment may claim
from his co-debtors only the share
which corresponds to each, with the
interest for the payment already made.
If the payment is made before the debt
is due, no interest for the intervening
period may be demanded.
When one of the solidary debtors
cannot, because of his insolvency,
reimburse his share to the debtor
paying the obligation, such share shall
be borne by all his co-debtors, in
proportion to the debt of each. (1145a)
Art. 1218. Payment by a 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. (n)
Art. 1219. The remission made by the
creditor of the share which affects one
of the solidary debtors does not release
the latter from his responsibility
towards the co-debtors, in case the
debt had been totally paid by anyone of
them before the remission was effected.
(1146a)
Art. 1220. The remission of the whole
obligation, obtained by one of the
solidary debtors, does not entitle him to
reimbursement from his co-debtors. (n)
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 Art. 1222. A solidary debtor may, in
guilty or negligent debtor. actions filed by the creditor, avail
himself of all defenses which are
If through a fortuitous event, the thing
derived from the nature of the
is lost or the performance has become
obligation and of those which are
impossible after one of the solidary
personal to him, or pertain to his own
debtors has incurred in delay through
share. With respect to those which
the judicial or extrajudicial demand
personally belong to the others, he may
upon him by the creditor, the provisions
avail himself thereof only as regards
of the preceding paragraph shall apply.
that part of the debt for which the
(1147a)
latter are responsible. (1148a)