Joint and Solidary

Obligations
CELIMEN, CHRISTOPHER JOHN
MUSNI, RALPH
ECE70/B11
ENGR. JOSE CARDENAS

SECTION 4.
Joint and Solidary Obligations
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 prestations.
There is a solidary liability only when the obligation expressly so
states, or when the law or the nature of the obligation requires
solidarity. (1137a)

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 equal 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. (1138a)

Kinds of Obligation According To

Number of Parties:
1. Individual Obligation only one obligor or one oblige

2. Collective Obligation one where there are two or more debtors

and/or two or more creditors

a.Joint
Obligation

whole
obligation to be paid fulfilled
proportionately by the different
debtors and/or demanded
proportionately by different
creditors
i. proportionately
ii. we promise to pay

b. Solidary
Obligation
(act of one is the act of all) each
one of the debtors is
bound to render and/or each one of
the creditors has a right to demand
from
any of the debtors, entire
compliance with the prestation
i. Jointly and/or severally
ii. Together and/or separately
iii. Individually and/or collectively
iv. I promise to pay

Kinds of Solidarity

according to parties bound

passive part of the debtors

 active part of the creditors

mixed solidarity both

 according to source
conventional agreed upon by
parties
legal imposed by law
real imposed by nature of
obligation

Case 1

X, Y, and Z bind themselves to pay W 30,000. Only X received

the money as per agreement between X, Y, and Z. On the due
date of the obligation, has W the right to demand the full
payment of 30,000 from Z alone?

Obviously this is a collective obligation because it involves two or

more individuals that act as the debtors and one creditor which is W.
But this kind of collective obligation might be joint or solidary. All we
know is that X, Y, and Z are liable to W in the amount of 30,000. Now
under Art. 1207, there is solidary liability only when: (1) the
obligation expressly so states; or (2) the law requires solidarity; or
(3) the nature of obligation requires solidary. Assuming they have
agreed upon a contract that expressly states that they are bound
together to pay or solidary liable to pay 30,000 to W then we could
say that this Art. 1207 gives the W the right to demand the full
amount to either of them regardless on whatever agreement the
debtors have. Under Mixed Solidary, agreement between
debtors as to the extent of the share of each in the debt has
nothing to do with the agreement between the creditor.
However, if the contract/ agreement between them doesnt have any
statements regarding solidary then it is presumed to be joint (Art.
1208). Credit or debt is presumed to be divided into equal shares as to
there are debtors.

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)

- The creditor has the right to accept which mode of payment to accept
if more than one of the debtors offers payment.
- Debtor who makes payment can collect interest. If payment was made
BEFORE the debt is due, interest cannot be demanded from hi codebtors

Case 2

X, Y, and Z promised to pay W solidarily 30,000 on or before September

10 without need of demand. On September 9, X paid the whole 30,000
to W.
a. How much can X collect from Y and Z?

According to Article 1217, X can collect from Y and Z only the share
which corresponds to them, which is 10,000 each.
b. May X collect interest from Y and Z?
X cannot collect interest because payment was made before the
was due.

debt

c. Suppose Z turns out to be insolvent, how much can X collect from Y?

If Z becomes insolvent, X can collect from Y his share plus half of Zs
share, which is 15,000.

Case 3

A owes B and C, solidary creditors, the sum of 20,000:

a. Can C condone the debt without the consent of B?

According to Article 1212, C can condone the debt without Bs

consent, however, he shall be liable to B and has to reimburse Bs
share.
b. Can C assign his rights without the consent of B?
According to Article 1213, C cannot assign his rights to another
person
without Bs consent. However, if there are 3 creditors, (B,
C, and D) C can assign his rights to D even without Bs consent.
(condone - accept and allow to continue/to approve)

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.

Case 4

A, B, and C are solidarily liable to D. For their failure to pay, D

filed a complaint in court but only against C. Has C the right to
demand that A and B be also included as party defendants?

According to Article 1216, C has no right to demand from D to

include A and B as party defendants because C, as a solidary
debtor can be compelled to pay for the entire obligation.

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.

Case 5

A, B, and C, co-owners, sold a printing equipment to D. They

solidarily bound themselves to deliver the equipment on a certain
date. Through the fault of C, the equipment was completely
destroyed. Give the rights and obligations of the parties.

According to Article 1221, as far as D is concerned, A, B and C

are
all liable for the price of the printing equipment as well as
damages. A and B can recover from C since it was through his fault
that the object was destroyed. If C paid for the price and damages,
he cannot ask for reimbursement from A or B.

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.
If through a fortuitous event, the thing is lost or the performance
has become impossible after one of the solidary debtors has
incurred in delay through the judicial or extrajudicial demand upon
him by the creditor, the provisions of the preceding paragraph shall
apply.