Obli- Midterms

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. (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 the number of parties

1. individual obli

2. collective obligation

Individual obli

one where there is only one (1) obligor or one (1) obligee; and

collective obligation

one where there are two (2) or more debtors and / or two (2) or more creditors. It may be joint or solidary.

Joint obli

one where the whole obligation is to be paid or fulfilled proportionately by the different debtors and / or is to be demanded proportionately by the different creditors.

solidary obli

where, 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.

When obligation solidary.

(1) the obligation expressly so states; or

(2) the law requires solidarity; or

(3) the nature of the obligation requires solidarity.

Kinds of solidary

1. according to parties bound:

   a. passive

   b. active

   c. mixed solidarity

2. according to source:

   a. conventional solidarity

   b. legal

   c. real

passive solidarity

solidarity on the part of the debtors, where any one of them can be made liable for the fulfillment of the entire obligation. It is in the nature of a mutual guaranty.

active solidarity

solidarity on the part of the creditors, where any one of them can demand the fulfillment of the entire obligation. Its essential feature is that of mutual representation among the solidary creditors with powers to exercise the rights of others in the same manner as their rights.

mixed solidarity

solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand, entire compliance with the obligation.

conventional solidarity

where solidarity is agreed upon by the parties. (Art. 1306.) If nothing is mentioned in the contract relating to solidarity, the obligation is only joint.

legal solidarity

where solidarity is imposed by the law

real solidarity

solidarity is imposed by the nature of the obligation.

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.

ART. 1213.

A solidary creditor cannot assign his rights without the consent of the others.

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)