JOINT AND SOLIDARY OBLIGATIONS

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SECTION 3

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16 Terms

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JOINT OBLIGATIONS

One in which each debtor is liable only for a proportionate part of the debt and the creditor is entitled to demand only a proportionate part of the credit from each debtor.

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JOINT OBLIGATIONS

Each obligor answers only for part of the whole liability and to each obligee belongs only a part of the correlative rights. None of the obligors can be compelled to satisfy in full the obligation.

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JOINT

The obligation is stipulated that the liability is pro rata , apportionable join obligation, Mancomunada; mancomunadamente; Proportionately and “We promise to pay” signed by two or more persons

4
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Plurality of subjects

Each creditor or debtor has a determined share in the demandability or fulfilment of the obligation.

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SOLIDARY OBLIGATION

One in which each of the debtors is liable for the entire obligation and each of the creditors is entitled to demand the satisfaction of the Whole obligation from any or all of the debtors.

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SOLIDARY OBLIGATION

When the contract states that all the signatories are solidarily liable, any one, some or all of them may be proceeded against for the entire obligation. The choice is left to the solidary creditor to determine against whom he will enforce collection.

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SOLIDARY

The obligation is stipulated that if The liability is “joint and several , the Obligation in solidum, if the Persons are liable “together or separately”& “individually or collectively”, Mancomunada solidaria and Juntos o separadamente

8
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Unity of prestations

the shares of each creditor or debtor is not determined

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Conventional

agree upon the parties

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 Natural

by its nature

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Legal

 imposed by the law

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THIS IS A KINDS OF SOLIDARY OBLIGATIONS According to the Parties

  • Passive

  • Active

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THIS IS A KINDS OF SOLIDARY OBLIGATIONS According to Source

  • Conventional

  • Natural

  • Legal

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PASSIVE SOLIDARITY

This pertains to the liability of the debtors (each debtor may be compelled to pay)

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ACTIVE SOLIDARITY

It refers to solidarity among credit

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ACTIVE SOLIDARITY

Any one of the creditors can demand the fulfillment of the entire obligation.