Quick Answer: What Is The Effect Of Solidary Obligation?

Are indivisible obligations always deemed solidary obligations?

The indivisibility of an obligation does not necessarily give rise to solidarity.

The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does not alter or modify the provisions of Chapter 2 of this Title..

What is solidary creditor?

“An obligation is solidary between the debtors where they are obligated to the creditor for the same thing in such a way that each of them may be compelled separately to perform the whole obligation and where performance by a single debtor releases the others towards the creditor.”

How does payment extinguish an obligation?

In law, in order that payment may extinguish the obligation, it is necessary that it be made at a proper time and place, in a proper manner, and by and to a proper person.

What is the difference between solidary debtor and guarantor?

While a guarantor may bind himself solidarily with the principal debtor, the liability of a guarantor is different from that of a solidary debtor. Thus, Tolentino explains: … A contract of guaranty, on the other hand, is a collateral undertaking to pay the debt of another in case the latter does not pay the debt.

What are the elements of an obligation?

The elements of an obligation are: the parties, an object, the relationship by virtue of which one party is bound to perform for the other’s benefit, and, in the case of conventional obligations, a cause.

What are the 5 sources of obligation?

Terms in this set (6)Law. when they are imposed by law itself.Contracts. when they arise from the stipulation of the parties.Quasi-contracts. … Crimes or acts or omissions punished by law. … Quasi-delicts or torts. … Law.

What is a pure obligation?

A pure obligation is one that is demandable at once because it does not depend upon a future or uncertain event, not on a past event unknown to the parties and is not an obligation with a resolutory condition. A simple promissory note to pay certain amount within a certain period is an example of a pure obligation.

What is generic obligation?

A generic term for any type of legal duty or liability. It refers to a legal or moral duty that an individual can be forced to perform or penalized for neglecting to perform. … An absolute obligation is one for which no legal alternative exists since it is an unconditional duty.

What are the effects of payment by a debtor in solidary obligation?

Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal. IV. JOINT AND SOLIDARY OBLIGATIONSEFFECT OF REMISSION ON SOLIDARY DEBTORSArt.

What must a debtor do to be released from his obligation?

If the creditor to whom tender of payment has been made refuses without just cause to accept It, the debtor shall released from responsibility by the consignation of the thing or sum due. When the title of the obligation has been lost. …

What is divisible obligation?

Divisible and indivisible obligation. An obligation is divisible when the object of the performance is susceptible of division. An obligation is indivisible when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division. Acts 1984, No. 331, §1, eff.

What is Resolutory period?

“resolutory period” – period upon the arrival of which the obligation terminates Obligation with a Period. “Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain.” – Article 1193, Civil Code Obligation with a Period.

What is simple obligation?

An unconditional obligation, one which is to be performed without depending upon any event provided by the parties to it. … A Law Dictionary, Adapted to the Constitution and Laws of the United States.

What is joint and solidary obligation?

As explained by the Supreme Court: A solidary or joint and several obligation is one in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation.

What is an alternative obligation?

An obligation is alternative when two things are equally due, under an alternative. Usually, when an obligation is alternative, the choice of the item of performance belongs to the obligor unless it has been expressly or impliedly granted to the oblige. …

What are the causes of extinguishment of obligation?

Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of a resolutory condition, and prescription, are governed elsewhere in this. b. He is subrogated to all of the rights of the creditor ( Article 1302, No. 2 ).

(b) Can C assign his rights without the consent of B? – According to Article 1213, C cannot assign his rights to another person without. However, if there are 3 creditors, (B,C, and D) C can assign his rights to D even without B’s consent. 4.

What is a joint contract?

JOINT CONTRACT. One in which the contractors are jointly bound to perform the promise or obligation therein contained, or entitled to receive the benefit of such promise or obligation.

What are the effects of joint obligation?

The non-performance of one of the debtors in a joint obligation necessarily has an effect on the obligation as a whole. It follows that the creditor can terminate for fundamental nonperformance even if the non-performance is imputable to only one of the debtors.

What are the kinds of obligations?

Different Kinds of Obligation (Primary) (Section 1: Pure and Conditional…Section 1: Pure and Conditional Obligation. … Section 6: Obligation with a Penal Clause. … Section 2: Obligations with a Period. … Section 3: Alternative Obligation. … Section 4: Joint and Solidary Obligations. … Section 5: Divisible and Indivisible Obligation.

What is solidary divisible obligation?

Solidary Divisible Obligation II. … If the obligation is solidary, the creditor was validly condones such debt in any amount, the said creditor is liable to give equally what he condones the other solidary creditor based on what amount they’re about to receive from the debtor.