Overview
This lecture discusses the types of obligations based on the number of parties—specifically joint and solidary obligations—focusing on their definitions, rules, examples, consequences, and related legal provisions.
Classification of Obligations by Parties
- Obligations may involve one or multiple debtors (obligors) and/or creditors (obligees), known as plurality of subjects.
- In joint obligations, each debtor is liable only for their share, and each creditor may claim only their portion.
- In solidary (joint and several) obligations, any debtor can be required to pay the whole amount, and any creditor can demand full payment.
Joint vs. Solidary Obligations
- Joint: "To each his own"—debts and credits are divided into equal shares.
- Solidary: "One for all, all for one"—any party may be required to fulfill or receive the entire obligation.
- Presumption: Obligations are joint unless specified as solidary by law, agreement, or nature.
Examples and Computation
- In joint obligations, payment or collection matches each party’s share.
- In solidary obligations, one party can be compelled to fulfill or can demand the entire obligation, with reimbursement from co-debtors.
Effects and Consequences of Joint Liability
- Acts or defaults by one debtor don't impact others.
- Creditors must sue all debtors to claim the total due.
- Demand or suit against one doesn't bind others.
Joint Indivisible and Divisible Obligations
- Indivisible object: All joint debtors must act together for fulfillment.
- Creditor must claim from all, and delivery is to be made to all unless authorized otherwise.
Types of Solidarity
- Active: Any creditor can demand the whole.
- Passive: Any debtor can be made to pay the whole.
- Mixed: Solidarity exists on both debtor and creditor sides.
- Solidarity may arise by agreement (conventional) or by law (legal).
Legal Provisions on Solidary Obligations
- Solidary debtors/creditors may have different terms or conditions.
- Each solidarity creditor may do useful acts; prejudicial acts not allowed.
- Assignment of credit requires consent of other solidarity creditors.
Payments and Reimbursements
- Payment to any solidary creditor is valid unless a specific demand was made by one.
- One paying debtor may seek reimbursement from others, plus interest depending on timing.
- Payment after prescription or illegality bars reimbursement.
Remission and Extinguishment
- Remission (forgiveness) of part or all of the debt by a creditor affects only the direct party.
- Remission of the whole obligation gives no right to reimbursement from co-debtors.
Loss, Impossibility, and Defenses
- Obligation extinguished if loss occurs without fault; with fault, liable for damages.
- Defenses available: from the nature of obligation (complete), personal to debtor (complete), or personal to others (partial).
Key Terms & Definitions
- Joint Obligation — Each debtor/creditor is accountable only for their proportionate share.
- Solidary Obligation — Each debtor/creditor may be required to pay/receive the entire obligation.
- Indivisible Obligation — Subject matter cannot be divided; requires all to act together.
- Remission — Act of forgiving or waiving a debt, extinguishing obligation.
- Compensation — Mutual extinction of debts and credits between parties.
- Confusion — Merger where the same person is both debtor and creditor.
- Novation — Changing the terms or parties of an obligation, extinguishing the old.
- Prescription — Expiration of the right to enforce an obligation due to time lapse.
Action Items / Next Steps
- Review examples and computations for joint and solidary obligations.
- Familiarize yourself with relevant articles (Articles 1207–1222) of the Civil Code.
- Prepare for next chapter on extinguishment of obligations.
- Complete any assigned readings or exercises on obligation classifications.