hi guys welcome to another episode of attorneys of vlogger love for the everyday layman today we'll take up part 9 on the law of obligations and we talk about the joint and solidarity obligations so if you like my videos and you want to see more please hit the subscribe button also please remember that this is only for educational purposes and it's not a substitute for proper legal advice now before we begin with joint and solidarity obligations i just want to emphasize that there is a difference between individual obligations and collective obligations okay in individual obligations there is no problem no there's only one creditor and one debtor and we just apply the rules which we have learned okay but in collective obligations there may be two or more creditors or two or more debtors in which case you will be applying the rules that we will discuss okay now just because there are two or more creditors or two or more debtors does not mean that each any any of the creditors can demand that the obligation be fully complied with okay it also does not mean that any of the debtors has to pay the full amount okay because the obligation is presumed to be joined in other words the obligation will be fulfilled proportionately by the debtors okay each debtor is only liable for his share and each creditor is only entitled to demand his proportionate share okay in other words the credit or the debt is presumed to be divided into as many equal shares as there are creditors or debtors and the credits or the debts are distinct from each other meaning they stand alone and do not affect the other okay now as for solidarity obligations which uh refer to obligations where the cred any of the solidarity creditors may demand full or entire compliance with the obligation and any of the debtors may extinguish the obligation by fully paying the amount due no in that case there is only solidarity or an obligation will only be solidary in any of the three cases okay first when the party so expressly declare okay the parties have to say expressly that we are being bound solidarity under this obligation second case is when the nature of the obligation so requires and third when the law so uh when the law so requires no if the law says that the liability of the parties is solidary then there is also solidarity okay so solidarity again only exists in those three cases and if those three cases are not present then the obligation is presumed to be joined especially when the obligation is silent okay if there is nothing said about the liability of the parties then it is presumed to be joined and each debtor is only liable for his proportionate share each creditor can only demand compliance for his proportionate share okay again in a joint obligation each creditor is entitled only to a share and each debtor is only responsible for his own share now as to joint obligations the sharing of the parties is presumed equal okay but that is only a presumption it may so happen that each uh that the parties may have bound themselves differently okay in other words x may you have bound themselves to pay only for one-fourth of the debt and why may have uh bound himself to pay only for three fourths okay in which case x cannot be compelled to pay more than one-fourth and y cannot be compelled to pay more than three-fourths okay let's give some more examples let's say x y and z bound themselves to pay 12 000 pesos to a and b how many obligations are there there are six okay x has to pay a 2 000 x has to pay b 2000 y has to pay a 2 000 y to b 2 000 z to a 2 000 and z to b 2 000. so there are six obligations here because it is uh the the debt of 12 000 is divided amongst the parties okay now what if abc bound themselves to pay 9 000 pesos to x y and z okay if x y and z proceed against a alone they cannot ask for the full amount because a is only liable for his death okay so how much can xyz ask from a only the his share which is 3 000 in other words 9000 divided by abc so that's 3 000 okay and now that xyz have gotten the 3 thousand they will not divide that amongst themselves they get one thousand each okay what if x alone is the one who goes uh after a b and c together can he get the whole death no okay he can uh just get what the share he is entitled to as a creditor he's only entitled to 3 000 because xyz as creditors have to divide the whole debt of 9 000 amongst themselves no there are three of them so each creditor is only entitled to three thousand okay so he can get one thousand from a one thousand for b and one thousand for from c to get his share of three thousand okay now what if x alone goes after a alone how much can he get or he can only get 1000 okay and if what if c is insolvent no then the others are not liable to answer for his share why again the deaths are distinct from each other [Music] okay so if us one of the parties is insolvent the others will not answer for his insolvency and in case one of the creditors makes a demand which interrupts the running of prescription as to one of the debtors it does not prejudice the others because again no okay final example no what if uh a and b bound themselves to deliver 1 000 sacks of rice to x and y but in this case a and b delivered all the 1000 sucks to x alone can y still demand his share from a and b of course because he did not get his share no why may compel a and b to deliver 250 sucks each for 500 sucks which is the share of y what is the remedy of a and b they'll go after x4 payment by mistake okay why what's the reason here because the delivery by uh a and b to x of the full one thousand sacks of price did not extinguish their obligation to y so they still had to deliver the 500 sucks share of y to him okay and a and b will be liable for 250 sucks each because you divide that 500 into how many debtors there are okay so those rules that i talked about those refer to joint divisible obligations okay uh when we talk about joint or solidarity obligations versus divisible or indivisible obligations there is a very big difference okay when we talk about joint or solidarity liability this refers to the vinculum juris or the legal thai in other words what is the liability of the parties what is their relationship okay so that's joint and solidarity but when we talk about the visible or indivisible obligations we talk about the prestation if the prestation is capable of partial performance or not okay if i the obligation is capable of partial performance then it is divisible but if it is not then it is indivisible okay so again the rules talked about earlier refer to a joint divisible obligation meaning it's capable of partial performance now there is such an animal known as a joint indivisible obligation whereby the relationship of the parties are that they are still either liable for or entitled to only their proportionate share but the prestation which they are bound to perform or receive is incapable of partial performance an example of that playstation would be to give a car you cannot give that car in pieces no you cannot be jointly liable for delivering only the motor and then the tires no no that is an indivisible obligation okay so in this case no if the obligation is to give a car the rule is that the other debtors together in case they are jointly bound must deliver it simultaneously okay and the creditors must all be present to collect or demand okay so uh in this case the creditors must proceed against all of the debtors at once and the the debtors must perform simultaneously okay now what if one of the creditors refuses to accept no that's a big problem or in this case the debtors the joint debtors will be justified in no longer delivering the car and the remedy is simply to consign the car in court okay uh on if you want to learn more about tender and consignation please just watch my episode on special forms of payment okay now what if uh one of the joint debtors fails to uh deliver the car no then the obligation now will be converted into one for damages okay because they can no longer deliver the car so now it will be converted to a pecuniary pecuniary liability for damages so let's say the car is worth 240 000 and there are three detours divided into three each one will only be liable for eighty thousand the one who refuses to perform will no longer be uh compelled to pay because he refused to to perform no and the other two will simply pay their obligation of 80 000 to the creditors okay without prejudice of course for the for the uh debtors the co-debtors to go after the party at fault for damages no now what if one of those letters is insolvent okay or cannot pay are the others liable for your share no okay in which case the creditor simply has to wait until the that debtor is able to pay okay so those are the rules in joint indivisible obligation okay however i just have to warn you now just because an obligation is indivisible does not mean that there is solid reliability huh that's different and uh just because there is solidarity does not mean that the obligation is indivisible huh that itself is a rule in the law okay because again solidarity or joint liability for that matter refers to the legal tie or relationship among the parties and the visibility or indivisibility refers to the upper station if it is capable of partial performance okay now let's move on to solidarity okay or solely the reliability you know in an obligation okay now solidarity may exist even though the creditors or the debtors are not bound in the same manner or for the same period or for the same conditions okay so their situations may be different and it will still be a solidary obligation okay so it's possible but the general rule is that entire compliance may be demanded by the creditor and the entire fulfillment may be demanded from the debtor okay so uh that's the general rule okay first let's talk about the active aspect no there is active solidarity when the creditors are involved okay on the part of the creditors there is active solidarity which means that the creditors have a duty of mutual agency okay in other words each creditor is treated as the agent of the other okay also in other words the act of one is the act of all but this only refers to acts which are uh useful okay it's only refers to acts which i credit or which is solidarity creditor which solidarity creditor may perform which are useful to the others because if a solidarity creditor performs an act which is prejudicial to the other creditors then he may be held liable for damages okay such that first a solidarity creditor cannot assign his right no without the consent of the others no because this is an act that is prejudicial to the other creditors that creditor who will be assigning his right is introducing a party into the relationship that other the whole creditors may not want to be partners with no so in this case consent is required in case the solidarity creditor will be assigning his rights also in case of innovation compensation confusion or remission or those modes of extinguishing an obligation no for more on that please just refer to my videos on extinguishment no so in case of novation compensation confusion or remission or condemnation of the obligation then these are in general prejudicial to the obligation okay prejudicial to the co-creditors in which case the creditor will be liable to his co-creditors because why did you do that no however if it is beneficial to the uh co-creditors then the creditor who caused innovation compensation etc will only be liable to pay the shares uh properly due to the other creditors okay so uh speaking of that though once a creditor receives full payment from a debt or then the obligation is extinguished okay and there is now a duty on the part of the creditor under the mutual agency to now give the proper shares owing to each of his co-creditors okay that is what happens after the obligation has been fulfilled okay now any of the solidarity creditors can proceed against any of the solidarity debtors okay or he can even go against any or all of them no and uh if a creditor does go against any of the debtors then the and the debt or pays of course then the obligation will now be extinguished okay but in case uh the debtor which the creditor proceeded against was not able to fully pay then the creditor is still allowed to go after the others until the obligation is fully satisfied okay so as long as the debt is not fully paid the creditor can still go after the different debtors okay now what if there are two or more debtors who offer to pay in this case the creditor can choose okay but if a demand has been made by a creditor then of course the debtor has to pay to that creditor who made a demand okay so that's active solidarity meaning a solidarity on the part of the creditors which gives rise to a mutual agency where the act of one creditor is the act of all creditors okay let's go to passive solidarity or solidarity on the part of the debtors passive solidarity gives rise to a mutual guarantee okay where each uh debtor answers for the death default miscarriage of his coders okay in other words he is bound to render full compliance subject to claiming reimbursement of his co-debtors respective share okay in other words if one of the solidarity debtors pays voluntarily or is made to pay then the obligation is extinguished and there is now a new obligation created amongst the debtors themselves where they are bound to pay the debtor who paid the main obligation they are bound to pay their respective shares only to the debtor who paid okay so again uh the responsibility of the solidarity debtors is for the entire obligation but to their co-directors only to the extent of the share after payment to the creditors okay there's a new obligation huh there's a new obligation amongst the debtors for reimbursement to share to the share corresponding to each of them okay in case the debt has been paid after the due date then the co-debtors are liable to pay interest but if it was paid if the obligation was extinguished before the due date then the co-debtors do not have to pay interest to the debtor okay to the debtor who extinguished the obligation okay now what if uh by acts of the solidarity debtor the obligation is condoned or remitted do the co-debtors have to pay that uh that debtor who was the remission or condemnation no okay there is no duty of reimbursement in this case why that is the reason is simple the debtor paid nothing it just caused the extinguishment of the obligation okay so there is no duty to reimburse okay but if the remission or condonation only pertains to the share of that debt or not the entire obligation no then it does not believe that the debtor from paying his share or reimbursing his share to the others in case the obligation was fully paid before the remission happened okay now uh a debtor a solidarity who pays is not entitled to reimbursement if he paid it after the obligation has prescribed or has become illegal okay why he's not invited to reimbursement because he was no longer supposed to pay if he pays something when it is no longer jew then he is not entitled to be reimbursed by his co-directors okay and what if the thing is lost if the thing is lost without the fault of any of the debtors then of course the obligation is extinguished okay especially if it is due to a fortuitous event because under the rules on fortuitous events in general no one shall be liable in case of loss due to a fortuitous event but in case nothing is lost due to the fault of any of the solidarity or in case nothing is lost after the debtors are in delay and the thing is lost due to a fortuitous event every one of the solidarity debtors shall be responsible for the price of the thing lost plus damages okay but of course after having paid the creditors the innocent letters can go after the guilty debtor for indemnification okay finally let's talk about the defenses which may be raised by a solidarity or okay there are a few first no uh solidarity death or can raise defenses which are inherent in the nature of the obligation such as in payment or prescription or in which case those are total defenses and he does not have to pay the obligation at all okay whether for his share or for the full amount of the obligation because the defense is wait the obligation is extinguished because it has been fully paid or because the obligation has prescribed that's a defense okay second defense is he can raise those defenses which are personal to him okay uh now these defenses which are personal to him can either be total or partial defenses no examples of total defenses would be minority or insanity no those are just examples there are others so uh in case a creditor goes after a debtor the debtor can refuse to pay the full amount by saying no i can't pay i am a minor or i am insane okay and in case of partial defenses uh the debtor may be here subject to accidental elements like it's subject to a suspense if the obligation is subject to a suspensive condition so that is a partial defense okay now third defense which may be raised the solidarity that or may raise the defenses which pertain to his own share okay so this is a partial defense because he is not uh absolved from paying the other share the shares of the others but at least he has a reduction as he can defend his own share okay like one example his share was subject to a period no and it is not yet jew so in that case that's a partial defense for his own share and finally the fourth defense is those defenses which are personal to the others okay this is also a partial defense no such as when uh the death or solidarity claims the defense of minority of his code or no as to that codec or the one he is uh invoking because that code that or that is a total defense of minority that code that or cannot be paid cannot be made to pay the full amount but if the detour is invoking the minority of his code or then it's only a partial defense this debtor can still be made to pay the share pertaining to him and the other codettors but he can reduce or take out the share belonging to that minor okay it's a partial defense he will invoke the minority of that code or and say but he's a minor so i'll just pay for my share and the rest no so that's what he is liable for okay that's it for joint and solidarity obligations i hope you may have picked up a thing or two and i hope to see you for the next video see you soon bye