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Joint and Solidary Obligation Essay

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Below is an essay on "Joint and Solidary Obligation" from Anti Essays, your source for research papers, essays, and term paper examples.

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...

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Joint and Solidary Obligation. Anti Essays. Retrieved December 14, 2018, from the World Wide Web: http://parimatch-stavka7.com/free-essays/Joint-And-Solidary-Obligation-393635.html


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