Joint and Solidary Obligations
Kinds of obligations according to number of parties
1. Individual Obligation- one obligor and one obligee
2. Collective Obligation- two or more debtors and two or more creditors. It may be joint or solidary.
Meaning of Joint and Solidary Obligation
1. Joint Obligation- 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.
2. Solidary Obligation- one where each one of the debtors is bound to render, and/or each one of the creditors has the right to demand from any of the debtors, entire compliance with the prestation.
When obligation presumed to be joint
* When there is plurality of parties and the share of each in the obligation is specified.
* If not specified;
* There are as many debts as there are debtors
* There are as many credits as there are creditors
* The debts or credits are distinct from one another
* Each debtor is liable only for a proportionate part of the debt
* Each creditor is entitled only to a proportionate part of the credit
When obligation solidary
* The obligation expressly states
* The law requires solidarity
* The nature of the obligation requires solidarity
Kinds of solidarity
1. According to parties
a. Passive solidarity- any one of the debtors can be made liable for the entire obligation
b. Active solidarity- any one of the creditors can demand for the entire obligation
c. Mixed solidarity- each one of the debtors is liable to render and each one of the creditors has the right to demand for entire compliance
2. According to source
a. Conventional solidarity- agreed upon by the parties
b. Legal solidarity- imposed by law
c. Real solidarity- imposed by nature of obligation
Joint indivisible obligation
The obligation is indivisible because the object or subject matter is not physically divisible. This constitutes the middle ground...