hello everyone welcome to our channel today we will continue our discussion with the different kinds of obligations classified according to plurality of subjects now this is in contrast to our previous discussion alternative obligation plurality of objects in this video we will be discussing more particularly the joint and solidarity obligations actually made jumadugo or sigurusa pero in my part casindia homoshadow into computation here we will be doing shen bremen okay so simulan nothing before we discuss please like and subscribe and click that bell button for updated a new video uploads many unlike stones among the previous discussions not and then after that explained okay so article 1207 in article 1207 obviously this talks about joint and solidarity obligations kunsa previous discussion athens alternative and facultative obligations we deal with plurality of objects detunaman plurality of subjects meaning maraming a single or individual obligation is a language or obligor and is a language creditor this is in contrast chi collective obligation wherein there are two or more detours and two or more creditors okay malua nag now what is a joint obligation what is solidarity obligation but joint class each debtor answers only for a part of the whole liability and each obligi belongs only part of the correlative right tanda and or in other terms joint and several each of the creditor may demand fulfillment of the whole obligation one for all all for one sila okay so example pogi and ganda are joint debtors of beauty to an amount of 1 million pesos so beautiful demand only from ganda 500 thousand pesos and five hundred thousand pesos dinner monkey pogi okay as he joined papo's wedding ring joined pogi and ganda are joined debtors of louise bella poopy and in who are joined creditors to an amount of one thousand pesos so see louise may demand only 125 pesos from pogi and 125 pesos from gandha joined meaning to each his own so someone thousand pesos so they are entitled to 250 pesos each debac meaning hindi padding is his own so each of these his creditors have a right to demand from ganda and pogi 125 vessels long malinoba 1000 pesos joint creditors nothing into four casiforian creditors so 250 pesos so 250 pesos bella 125 pesos and 125 pesos 250 pesos pogi and ganda are sold dirty debtors of beauty to an amount of one million pesos pak solidari one for all all for one wedding mcdeman in an amount of five hundred thousand pesos which is okay ditnerman's a second example pogi and ganda are solidarity debtors of louise bella pupae and impyang who are solidary creditors to an amount of one thousand pesos paganito mas madalinga compute and would demand them full payment halimba was in louise shanghaine my obligation to give bella poopai and in pyong an amount of 250 pesos each and subpart number and that or kucino manunga seven in sabi the concurrence of two or more creditors or two or more debtors in one and the same obligation does not imply that each one of the former has a right to demand or that each one of the latter is bound to render entire compliance with representations riba joined young beneath describing a joint obligation at anxiety there is a solidary liability only when the obligation expressly sold states or when the law or the nature of the obligation requires solidarity so anxiety article 1207 young rule or general rule joint obligation purpose exceptions macaque are online down and solid are reliability if number one when the obligation expressly so states or when the law or the nature of the obligation requires solidarity so pagindi pasok's exception stato meaning joint obligation to each his own okay hindi young one for all all for one now question freddy bank joined on the side of the creditors and solidarity on the sides of the debtors or vice versa that's in my example nothing but i hope i'm joined join the new she joins the debtors joint vinci creditors actually pretty naman okay example pogi and ganda are joint debtors of luis bella pupae and inpyang who are solidarity creditors an amount of 1000 pesos so how much can luis collect from pogi since luis is a solidarity creditor so presumably spreading amount but since poggy is a joint debtor he is obliged to pay he shares only young partner okay he and luis can collect 500 pesos from bogey and solidarity and creditor and joint so nito pogi and ganda are solidary debtors of luis bella pupa and inpyang who are joint creditors to an amount of 1000 pesos so same question how much can louise recover from pogi since luis is only a joint creditor he can only recover his shares which is 250 pesos and since anger and solidarity pogi is solidarily liable meaning mahogany okay okay what are the words used to indicate joint liability meaning it is joined obligations okay liability obligers or debtors are joined okay but usually the words used are etoproreita or proportionately or jointly okay now in contrast anonymous words used to indicate solidarity liability actually it's not necessary that the agreement should employ precisely the word solidarity in order that an obligation may be so considered as a solidary obligation it is sufficient that the obligation declares for instance that each one of the debtors can be compelled to pay the empire or the whole obligation or can be proceeded against for the full amount of the obligation or that demand may be made against any one of them meaning solidarity obligation so that's it proceed article 1208 actually this is so this provision is in support to the previous one this provision provides for a presumption on two or more detours or rumor own two or more creditors now the obligation is joined and so as a consequence that that shall be presumed to be divided into as many equal shares as there are creditors or debtors and the credits or debts being considered this thing from one another okay so in credits attuned debts can be considered just distinct okay distinct shares but even shares non-debt or credits are considered distinct from one another so let's discuss consequences non-joint liability first we shaded consent on the part of one death or do not affect the others so example pogi and gandar joined letters of beauty to an amount of 1000 pesos so if young consent nippogi was obtained by fraud or through force or intimidation so hindi magicking liable true fraud peros will still be 500 pesos second installing cf1 debtor does not make others responsible for his shares so kenito poggy and gandar joint tethers of beauty to an amount of one thousand pesos foreign so ganda will only pay 500 pesos they are joined debtors after all papos demand by the creditor on one joint force puts him in default but not the other since the deaths are distinct to the rules foreign court governing the multiplicity of suits an emixon ordinarily one's creditor young creditor or macrophage language and an action against one death or for its share or obligation of obligations but in view of this phrase the hellito to obtain a just speedy and inexpensive determination of every action or proceedings it would be much better to sue all the necessary parties at the same time so say some action sustainable violation and case against the happening parties okay so okay you lying twelve zero nine obviously this is joint indivisible obligation okay so this article speaks of a joint indivisible obligation the obligation is joined because the parties are merely proportionately liable and indivisible the man young object or subject matter is not physically divisible into different parts the joint is referring to the tie between the parties that was indivisible with reference object example pogi and ganda are jointly liable to give beauty a car valued at 1 million pesos so on the date of delivery pogi is willing to deliver but ganda is not since the car is indivisible the death can only be enforced by proceeding against all the debtors for compliance okay hindi pledging hindi kasich comply unless i'm a compliance obligation since young car i indivisible in this case the liability is converted into one for damages so you characteristics of joint indivisible obligations the obligation is joined but since the object is indivisible the creditor must proceed against all the joint letters for compliance is possible only if the joint debtors would act together tonight comply now second demand must therefore be made on all the joint debtors a demand made by one joint creditors is not a demand by the others if there be joint creditors delivery must be made to all not merely to one unless that one be specifically authorized by the others and lastly joint creditor is allowed to renounce his proportionate credit very nicely announced or e-waived talks about indivisibility distinguished shahi solidarity sabi an indivisibility in an obligation i indicated indivisible and object solid arena same rule in a manner and solidarity in an obligation does not itself imply indivisibility example nothing in a joint that was indivisible but are not the same indivisibility refers to the subject matter or the object of the obligation tapus pakis solidarity refers to the tie between the parties okay parties example pogi and ganda are jointly liable to deliver to beauty a particular car the toyon presentation is indivisible bogi and ganda are joined so since we have a joint indivisible obligation which is also discussed canada 1209 now if at another example if bogey and ganda obliged himself solidarity to give the card to beauty we have a solidary indivisible obligation among the obligation the obligation is indivisible kasingha to give a car you object until nothing young solidarity so solidarity indivisible obligation now to put it in another way we have a solidary obligation as a young subject matter is indivisible now on sabbath in a man is solidary obligation does not necessarily mean that the obligation is also indivisible so harimbawa pogi and ganda promised in solidum to beauties and thousand pesos so here we have an example of a solidarity obligation tapus divisible because a young object is to pay ten thousand pesos so solidarity divisible obligation now if ganito pogi and ganda are jointly liable to pay beauty ten thousand pesos here we have a joint tapos divisible obligation since money is divisible so joint divisible obligation though since nagbi discussion in mayan and solidarity let's discuss on and off the kinds of solidarity according to the party's bounds we have passive solidarity or active solidarity passive bug on the part of the debtors so when any one of them can be made liable for the fulfillment of the entire obligations but active in a man meaning in the part of the creditors so anyone a man some accreditors can demand fulfillment of the entire obligations troubles nevermind mixed personality mixed either so meaning my solidarity in the part of the debtors and on the part of the creditor so each one of the dapper is liable to render and each one of the creditors has a right to demand entire compliance with the obligations okay that was not classified into according to source it could also be conventional solidarity or legal solidarity conventional when it is agreed upon by the parties papa's legal solidarity in a man from the word itself legal it is imposed by law in my examples please familiarize yourself i will not tackle this one by one it will take time 12 11 article 12 11. solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions so solidarity despite different terms and conditions so petition uniform when the parties are bound by the same stipulations or clauses the latin part is foreign terms and conditions nakanilang obligation and rights whether in among none uniform or varied between a man when the parties are not subject to the same stipulations or process example ha hoggy and ganda are solidarily down solidarity bound themselves to pay 1 million pesos to louise bella popeye and impian subject to the following terms and conditions number one louise terms is payable on demand bella's share will be due to due on december 25 2020 in pyongyang will get only her share if she passes the bar exam and poop i will get her share only if she paints the house of beauty so that is an example that exists in silly solidarity although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions so little class example the obligation is still solidary kahitpanga according to article 12 11 the others may not be bound in the same manner and by the same periods and conditions the creditor may recover that part that is pure and unconditional and should live in suspense or pending the right to demand the payment of the remainder until the expiration of the term or the fulfillment of the condition so young cherny louise will be due but hindi napa and share nila nibella in pyongyang on december 25 2020 let's proceed to article 12 12 each one of the solidarity creditors may do whatever may be useful to the others but not anything which may be prejudicial to the lover so etho the provision provides that solidarity creditors may do useful not pre-judicial acts okay pretty young useful acts terror hindi young pre-judicial acts so example young demand creating my demand in issan creditors solidarity creditors in behalf of his other creditors cassie useful nemanjo and beneficially to add to his or her other credit cards pero india padding a condone or a let me uh okay so article 12 13 a solidarity predator kind of explain his rights without a consent of the others so etho this article talks about the solidarity creditors right to a sign now general rule supposedly solidarity credit or cannot assign young exception is when other creditors consent so creditors essentially solidarity obligations implies mutual agency and mutual confidence lipanga naka all that person will then be put in your shoes so a unison mutual agency a mutual confidence phenomenon relationship between all the solidarity obligations so yo and my consent number other creditors okay example foggy is obliged to give 1 million pesos to solidarity creditors bella in pyongyang and fupai in december 25 2020. that was if on december 20 bagupana december 25 sebela in assigning a young canyon right to beauty be to class beauty cannot collect the obligations on the due date because the assignment is invalid [Music] mutual agency and mutual confidence not apply or any implying and solidarity obligations right so question supposing after the assignment of bella to beauty sipogi ibn ayan dinamensi beauty so is the um obligation extinguished no because the assignment in the first place is invalid okay it is not valid so what will happen to the payment made by foggy to beauty vito pogi may recover the payment made to beauty under what rule of course don't forget celosho in libeti or unjust in enrichment casino when after all beauty has no right to receive so yuan and just enrichment so proceed taiyo article 12-14 the debtor may pay any one of the solidarity creditors but if any demand judicial or extrajudicial has been made by one of them payment should be made to him so atom provisionato answers the questions who to whom must the debtor pay okay solidarity creditors when one judicial or extrajudicial has when a demand judicial or extrajudicial has been made by one of them payment should be made to him dunsa creditor the night demand so article 12 14 is applicable not only in cases of active solidarity but also where the solidarity is mixed although the singular debtor is employed in case of mixed solidarity the debtor upon whom no demand has been made may pay any one of the solidarity creditors paren okay example pogi ganda and beauty are solidary debtors of popeye and impian solidarity creditors for 30 thousand pesos popeye makes a demand to poggy so question to whom pogi should pay answer to poop i because shayon agreement is is the obligation extinguished no because the law is extinguishes the obligation as to him but not as to pupa okay so article 12 15 innovation compensation confusion or remission of the debt so major marauding legal terms and i doubt if alan pero if ever i love you now okay that's good um in chapter four when we reach the topic about the extinguishment of obligation but since the mention arena manta lagadito let me just define nalang pero anulang passing or young hindi nanak discussed in detail munna save natinyun next chapter next video okay so sabe novation compensation confusion or remission of the death made by any one of the solidarity creditors or any of the solidarity debtors shall extinguish the obligation extinguishing obligation first innovation talaka natin first innovation article 1291 sabe innovation is the modification of an obligation by one changing its object or principal obligation to substituting the person of the death or or subrogating a third person in the rights of the creditor but to better understand kilang and talaganat in an example running solidarity creditors parent for the payment of one million pesos that was later the parties agreed now instead of paying one million pesos an obligation to pay one million pesos was extinguished create a new obligation which is to deliver the car of pogi sona karuna modification as to the object of the obligation now question suppose it was only foggy and poopy who agreed on innovation is ganda bound to comply with innovation answered no because she did not consent to the innovation so another question the tournament's apartment is incredible so i know you write me in so i'm rightly in pyongyang is to proceed against article 12 15 he who collects the debt shall be liable to the others for the share in the obligation corresponding to them okay what might proceed die with compensation okay passing so next young compensation and compensation and man class is when two persons in their own right are debtor and predator of each other as simple as when pogi owes gandawan thousand pesos and then ganda owes pogi one thousand pesos rin ganon compensation total or partial but total extinguished strong obligation example baba okay examples of compensation pogi and ganda solidarity debtors of popeye and in pyongyang in amount in an amount of four hundred thousand pesos but sipup irene and my utankai pogi my four hundred thousand pesos din soditos in solidarity and solidarity debtors and creditors in the mansilla so si pogi and popeye are now in their own right debtor and predator of each other so extinguishing obligation by virtue of compensation was benefited then so her right should not be prejudiced so she can recover her shared amount of two hundred thousand kai pupae right narendra ebig sabihin on second paragraph to article 12 15. anyway like if you need 400 hindi 400 000 pesos but 150 thousand lang so dito so now confusion confusion or merger vito class young character at creditor is merged into one and the same person okay tanina is a compensation predator um detour and creditor of each other confucius solidarity that personal beauty for 10 000 pesos through a promissory note tap was beauty in endorse and promissory note or promissory note bella and sibella and endorse nemanja promissory notebook and then from poopy niners neolithium promisory note worth ten thousand pesos to foggy so see foggy eye nagging dettor and creditor at the same time so ethos okay so how about remission remission either term is condemnation or young waiver the act of liber liberality whereby young creditor condones the obligations of the debtor young renewed new creditor young credit in favor sulan and babayan extinguish na and obligation compensation confusion or remission of the death made by any of the solidarity creditors or with any of the solidarity debtors shall extinguish the obligation without prejudice to the provision of article 12 19 so after long without prejudice to the provision of 12 of article 12 19 annual ebooks are beginning without preaching this to the provision of article 12 19 tito class but shared and solidarity creditor was remitted by the creditor after another solitary debtor had paid the whole obligation the remission is useless so anyway we will discuss this later for now proceed article 12 16. so article 12 16 the creditor may proceed against any one of the solidarity or some or all of them simultaneously the demand made against one of them shall not be an obstacle for those which may subsequently be directed against the others so long as the death has not been fully collected so young right of creditor young right of creditor to proceed against any solidarity debtor it answered a question against whom creditor may proceed for payment 12 16 against any some or all of the solidarity debtors it reiterates the rule that in solidarity obligation surpassing solidarity anyone or some or all of the solidarity solidarity credit uh debtors simultaneously may be made to pay the debt so long as it has not been fully collected okay example poggy and ganda solidarity debtors of beauty to an amount of 101 million pesos so either hypogi or gigantic wedding by adam whole amount of 1 million pesos wedding singing a man about collect clancy beauty ninth league 500 000 pesos each sadalawa that's it that's article 1216 madali it gives rise to the effects of payment by a solidarity debtor so do we need to define payment wagner um we will discuss this sorrow linaman in the next chapter young payment where as of now okay young payment high think the first paragraph of this article is self-explanatory payment made by one of the solidarity debtors extinguishes the obligation if two or more solidarity debtors offer to pay the creditor may choose which offer to accept liba payment extinguishes the obligation and if two or more death personnel offer numbers the creditor i might choose i may option consider an amount of 1 million pesos pogi and ganda offered to pay society on i my right to choose as to whose payment supposed pogi paid the whole amount of one million pesos so si pogging i own a pretty much asked reimbursement from gandha and plus interest padao yan yung sabini paragraph my second paragraph article 12-17 is paid after maturity interest shall run from the date of payment until reimbursement is made if paid before maturity namandao interest shall run from maturity and third until reimbursement is made so in our example kaipogi and ganda if foggy paid on due date he can ask reimbursement from ganda without interest perro is reimbursed after one year now from the date number then she needs to pay an interest from the due date up to the time na nagbayan reimbursement now suppose before maturity nagbayan let's say one month before panama churitin so december patala gamak's starting interest okay but wait before i forget the last important last paragraph article 12 17. dituna [Music] are the solidarity debtors of beauty for an amount of 1 million pesos bella paid duty the full or the whole amount of 1 million pesos obviously 1 million pesos beauty gives her the right to demand reimbursement from popeye and in each with interest from the date of the payment unless sibella indiana entitles a reimbursement norto i mean the interest for any payment congratulations maturity no 1 million pesos so the obligation of impyang and kupai to reimburse bella with interest will arise only known upon the maturity of that obligation now and so the last paragraph in article 1217 says that such share shall be borne by all his co-debtors in proportion to the death of each your new habit shall bear their insolvency i mean the insolvency of poopy in proportion to their shares hence billa can still ask in yang to pay an additional sam so bella i mean is young reimbursement sharing okay that's it so article 12 18 payment by a solidarity debtor shall not entitle him to the reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal so ethernet man you not be discussing effects non-payment when the obligation has already prescribed or has become illegal so again jung roll diba is when solidarity debtors pay the obligation but a solidarity obligation see article 1218 mentions two cases the lawang scenarios cannot get any reimbursement okay situation hindi mali reimbursed see paying dapper first when the obligation has prescribed and second when the obligation becomes illegal so example i mean it has prescribed and or has become illegal okay for example pogi and ganda solidarity bound themselves to give beauty some drugs worth 1 million pesos later a law was passed prohibiting the transactions of sad drugs and so declares the drugs to be outside the cameras of man knowing this sipogi voluntarily delivers vinegar perennial drugs worth one million pesos to beauty so question made poggy gets reimbursement from ganda sharing niganda's obligation of course no article 12 18 says so so payment made by a solidary debtor shall not entitle him to reimbursement from his co-directors if such payment is made after the obligation has become illegal okay union example done so article 12 19 last three articles at fiba nineteen twenty one twenty two four papada so the remission effort on twelve fifteen kanina ferdinand or waiver so anxiety the waiver is of no effect if young remission unjust in richmond then after all hola napa right now and you're gonna pull it up at mukbang okay anyway this article is designed to prevent fraud and to give justice to the paying that tournament so example poggy and ganda solidarity bound themselves to pay beauty 1 million pesos 1 million article 1219 the remission made with a creditor of the share which affects one of the solidarity debtors does not release the latter from his responsibility towards the code letters so in case the debt had been totally paid by any one of them before the remission was effected so dito [Music] reimbursed however sipogi can demand the return of 500 000 pesos from beauty under the principle of celosho in bibeti unjust enrichment okay so article 12 20 the remission of the whole obligation obtained by one of the debtors does not entitle him to reimbursement from his co-debtors so no rights or reimbursement in case of remission okay anger helen parrasa article nato [Music] remission is um it must be born in mind is essentially gratitude it is really a donation donation so note class it applies only when the whole obligation is limited okay so article 1221 um young provisional talks about the effect of lost or impossibility so to simplify this provision loss or impossibility is without default no liability the obligation is extinguished now second scenario if my fault sedator then there is liability plus damages and interest okay that third scenario lost thou is because of a fortitude event after default determined there is liability because the default because the karunang default bhagava magnum 42 was event so example pogi and ganda are solidarily obliged to give beauty this particular car the car was lost by a 42s event and without any fault on the part of the debtors so what happened to the obligation article 12 21 first paragraph you might apply so the obligation is extinguished and there is no liability now suppose the car was lost through a through default of foggy and beauty makes a demand later upon ganda should ganda be liable for the price of the car sipogi angmais kasalanan at fault sipogi perosi beauty nagdiman ganda liable basicanda second paragraph of article 12 21 siganda will be liable even if she was not at fault remember they are solidarily obliged to give beauty that car and note the law expressly makes her liable hindi lang surprised nankar but as we all as well as damages and the interest however ganda hand later on recover from pogi the whole amount of what she paid cassie had poggy not been at fault the obligation would have been extinguished so ganda had recovered a whole amount half take note of what she had paid right now supposed to are solidarily obliged to give beauty this particular card tapos beauty already makes an extra judicial demand upon foggy but hindi panic believer tapu's afternoon afternoon demand zakar was lost through a 42's event so question is the obligation extinguished so the tournaments the last paragraph of article 12 21 will apply so the obligation is not extinguished because now now young demand bangopanova lioncar through a fortitude event a new same rule not down and second paragraph is also applicable sinabi padiba so meaning the non-defaulting debtor which is ganda can later on recover from foggy the whole amount of what she paid kasina had foggy not been at fault the obligation would have been extinguished so gandan recovered a whole amount of what she paid okay that's it it's as simple as that so puntana is the last article article 12 22. so epinema defenses available to a solidarity death so in an actions filed by the creditor a solidary debtor may avail himself of the following defenses first defenses derive from the nature of the obligation so young defense na from the nature of the obligation is actually a complete defense because it nullifies the obligation it renders the obligation and effective example young fraud young prescription remission illegality or absence of consideration and no non-performance of a suspensive condition as a death or fatimi young commitment now second demand among defense defenses personnel to the detour an example due to young affiliated consent in capacity to give consent like you minore tapos and fulfillment condition this is also personal to the debtor so and last is in defense's personal to other solidarity debtors so economic partial defense you know first and second you know complete defense meaning defense anyway poggy for ganda are solidarily indebted to beauty for 1 million pesos but pogba's consent was obtained through force and intimidation so if beauty files an action against pogi para maningil how much can she get from poggy the answer is nothing for us to pogi he has a complete defense had it not been due to the fact that his concept was obtained through force and intimidation he would not have been involved after all lana mentally around one million pesos so now if beauty files an action against gandha gandanaman how much can beauty get vitto sigandakan set up the defense that pogi's concept was obtained through fraud and intimidation or whatever tapos pero yun is only partial partial defense lancaster young defense personnel to the other solidarity debtors so dahil parshal right that's it thank you for watching till the end if there's something that confused to you please comment down below i will try to answer but no questions questions and exams new but as to um how to understand the law better i will try to answer okay thank you for watching thank you for watching if you want to see more please like and subscribe and click that bell button for the next video upload mommy thanks again