PACHECO, LIANNE CAMILLE A. PAMANTASAN NG CABUYAO 1-BSA-A Good Day, Atty. Reyes! After watching your video lecture, I've learned so much about Section 4 - Joint and Solidary Obligations under Chapter 3. Article 1207-1208 talks about the kinds of obligations according to the number of parties. In an Individual Obligation, there is only one obligor and one obligee; while in a Collective Obligation, there can be two or more debtors and two or more creditors, which can be joint or solidary. Joint Obligation is where each debtor is proportionately liable; while in Solidary Obligation, each one of the creditors has a right to demand entire compliance with the prestation. The general rule is: In the case of collective obligation, the obligation is presumed to be joint. In case of doubt as to whether the obligation is joint and/or solidary, then it is to be presumed as joint. Kinds of Solidary Obligation (according to the parties bound): (1) Passive Solidarity (many debtors, only one creditor) - solidarity on the part of the debtor; any of the debtors can pay or fulfill the obligation. (2) Active Solidarity (one debtor, many creditors) - solidarity on the part of the creditors, where any one of them can demand the fulfillment of the entire obligation. (3) Mixed Solidarity - solidarity on the part of both debtors and creditors. Solidary Obligation (according to source): (1) Legal Solidarity, (2) Conventional Solidarity, (3) Real Obligation. Article 1209 talks about the Joint Indivisible Obligation - the liability of the debtors are divided proportionately among themselves, it cannot be partially performed. Article 1210 defines Solidarity as the obligations of the debtors; whether the debtors can be held liable to perform the entire obligation, and it also refers to the juridical or legal tie that binds the parties. It also defines Indivisibility as to whether obligations can be performed in parts or not; it refers to the prestations. Article 1211 talks about the kinds of solidary obligation according to the legal tie: (1) Uniform - this is when the parties are bound by the same stipulations; (2) Non-Uniform or varied - when the parties are not subject to the same stipulations. Article 1212 - the solidary creditor may act beneficial to others but cannot act prejudicial because it can result in the extinguishment of the obligation but can cause damages to others. Article 1213 states that in the absence of consent given by the others, a solidary creditor cannot assign his rights to a third person because each creditor represents the others and the assignee may not have the confidence of the original solidary creditors. If the assignment is made to a co-creditor, the consent of the other creditors is not necessary. Article 1214 says that each of the solidary creditors can demand the performance of the entire obligation, and if you are a solidary debtor, you can pay to any solidary creditor the entire obligation and the obligation will be extinguished. Article 1215 tackles the liability of a solidary creditor in case of novation, compensation, confusion, or remission of the debt. Article 1216 says that the solidary creditor has the choice to determine against whom he will enforce the collection: (1) Any one of the solidary debtors, (2) some of the solidary debtors, or (3) all of the solidary debtors. So long as the debt has not been fully collected. Article 1217 talks about the effects of payment by a solidary debtor: (1) Between the solidary debtors and creditors, (2) Among the solidary debtors, and (3) among the solidary creditors. Article 1218 states that the 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. Article 1219. If the payment of debt is made before remission, the obligation is extinguished. If the payment is made after remission, solutio indebiti arises. Article 1220 declares that there is no right to reimbursement in case of remission. Article 1221 specified that if there's a loss without fault before a delay, the obligation is extinguished. If the loss is due to a solidary debtor, all the debtors are liable for price and damages but can recover from the negligent debtor. If there's a loss without fault after a delay, all debtors are now liable for everything. Article 1222 identified the defenses available to a solidary debtor: (1) defenses derived from the nature of the obligation, (2) defenses personal to, or which pertain to share of the debtor sued, and (3) defenses personal to other solidary debtors. THANK YOU SO MUCH ATTY. REYES! KEEP SAFE AND GOD BLESS!
Dacillo, Mia France 1BSA-A Pamantasan ng Cabuyao Thank you, Attorney. For making a video to fully understand the Joint and Solidary Obligation is. In article 1207 stated that if there are two or more debtors and creditors in one or same obligation, it does not mean that each debtor has a right to demand, and each creditor is bound to render. Solidary liability will arise when expressly stated or when the law requires. Article 1208 refers to the presumption of dividing equal shares between debtors and creditors unless the stipulation provided the amount. Individual Obligation - one obligee or one obligor. Collective Obligation - One where there are two or more debtors or two or more creditors. It comprises joint and solidary obligation. Joint Obligation - Paid or fulfilled proportionately by different debtors and proportionately demanded by different creditors. Solidary Obligation - One of the debtors is bound to render and one of the creditors has a right to demand. Article 1209 is about joint indivisible obligation as it is the middle ground between solidary and joint obligation. It means that the joint obligation is indivisible in a sense that the prestation of the debtor can be complied at once and it is not divided. It is also applied to creditors if the division is impossible. Article 1210 states that if the obligation is indivisible, it does not mean it is solidary because indivisibility exists with only one debtor and creditor and the others are not liable in case one debtor is insolvent. In solidary, there are two debtors and creditors, and they are proportionately liable in case of violation. Article 1211 may exist even when debtors and creditors may not be bound in same manner and conditions. Article 1212 pertains to solidary creditors wherein each one of them may do an act that is useful to others, but they cannot do something that is prejudicial because it may result to the extinguishment of the obligation and can cause damages. Article 1213 expressed the absence of consent given by the others hinders the creditor to assign his right to a third person. Article 1214 This article states that if you are a solidary debtor you can pay to any of the solidary creditor, the entire obligation can pay all at once. Exceptionally, if one of them is on demand. Article 1215 introduces the liability of solidary creditor in case of novation, compensation, confusion or remission. Article 1216 This provision is not applicable to joint obligation. The choice is left to the solidary creditor to determine against whom he will enforce collection. Article 1217 stated the payment made by one of the solidary debtors extinguishes obligation. If two or more offers to pay, choose which offer to accept. Article 1218 Paying debtor cannot get any reimbursement. When the obligation has become illegal, it terminates. There would be no more obligation to fulfill. Article 1219 Remission is condoned by the creditor. If payment is made before, remission has no effect but when the remission is made after, solution indebiti arises. This provision secures equality and justice to the paying debtor in as much as the payment benefits his co-debtors. Article 1220 refines that in case of remission, there is no right to reimbursement. Article 1221 specified that if there's a loss without fault before a delay, the obligation is extinguished. If the loss is due to a solidary debtor, all the debtors are liable for price and damages but can recover from the negligent debtor. If there's a loss without fault after a delay, all debtors are now liable for everything. Article 1222 states the available defenses of solidary debtor in actions filed by the creditor. THANK YOU PO, ATTY.
Good day po Atty. I'm Jericho G. Bariring from 1 BSA - A in Pamantasan ng Cabuyao. Here are my takeaways from this video lecture about the Joint and Solidary Obligations. Article 1207 - It talks about the concurrence of two or more creditors or of 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 the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. Article 1208 - States that if from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. Article 1209 - States that if the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. Article 1210 - The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. Article 1211 - Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Article 1212 - Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. Article 1213 - A solidary creditor cannot assign his rights without the consent of the others. Article 1214 - The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him. Article 1215 - Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. Article 1216 - It talks about that the creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. Article 1217 - Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. Article 1218 - 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. Article 1219 - The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. Article 1220 - The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. Article 1221 - States that if the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. Article 1222 - A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible. Thanks Atty! God bless you! :))
SANCHEZ, JAYSHEL MAY P. 1BSA-B PAMANTASAN NG CABUYAO Thank you, Atty, for the discussion about Joint and Solidary Obligations this are the things that I learned. Article 1207 - 1208 -Talks about the different kind of obligation. According to the parties bound: passive solidarity- Any of the debtor can pay or fulfill the obligation (many debtors, only one creditor) while the Acticve solidarity where anyone of them can demand the fulfillment of tge entire (one debtor, many creditors) and the; Mixed solidarity is part of debtors and creditors. Article 1209 -speaks of joint indivisible obligation. It is as to liabilities of the debtor or rights of the creditors but indivisible as to compliance. The obligation constitute the middle ground between a joint and solidarity obligation. Article 1210 -the indivisibility of an obligation does not necessarily give rise to solidarity obligation. Solidarity pertains to the obligation of the debtors can be liable to perform the obligation while the indivisibility refers as to whether the obligation can be performed in part or not. Article 1211 -Is about solidarity may exist although the creditors and the debtor may not be bound in the same manner and by the same periods and conditions. Article 1214 - Each of the solidary creditors can demand the performance of the entire obligation, if you are solidary debtors you can pay to solidary creditors an the obligation will be extinguished but if any of the solidary creditor will demand for the payment then you have to pay him. Article 1215 -is all about novation, compensation, confusion,or remission of debts that complied to any of the solidary creditors or debtors shall be extinguished the obligations. Article 1216 -The solidarity creditors has the choice to determine against whom he will enforce the collection. It can be any one of the solidary debtors, some of them as long as the debt has not been fully collected. Article 1219 -The remission made by the creditors of the share which affects one of the solidary debtors does bot release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was affected. - different effects in terms of payment before remission the obligation is extinguished and after remission the solutio indebiti is arises. Article 1221 -Talks about loss, even if the things is loss but the obligor has already incurred delay, the obligation will not be extinguished. Article 1222 Defense available to a solidary debtors; (1) defenses derived from the nature of the obligation. (2) defenses personal to, or whicg pertains to share of, debtor used. (3) defenses personal to other solidary debtors.
Reyes, Zhellie Mae 1-BSA-A Thank you for this informative lecture Atty. For this video lecture, I learned about the distinctions between 2 kinds of obligations which are individual obligation and collective obligation. When we talk about individual obligation, it only consists of one obligor and one obligee while collective obligation has two or more obligor and the obligee. In addition to that, under the collective obligation, the video lecture also helped me understand the difference between a joint and solidary obligation. In a joint obligation, the obligation must be paid proportionately by the different debtors and can be demanded proportionately by the different creditors. On the other hand, a solidary obligation is when each one of the debtors is bound to render payment of fulfillment of the obligation as well as each one of the creditors has a right to demand entire compliance with the prestation. I also learned about the general rule that collective obligation is presumed to be joint. There are also kinds of solidary obligation which can be according to the parties bound, (passive, active, mixed solidarity) and one which is according to source, (legal solidarity, conventional solidarity, and real obligation). Now, Article 1209, the article is about joint indivisible obligation. It is considered as joint in the sense of the liabilities of debtors and creditor proportionately makes them liable but its compliance is indivisible in the sense that presentation cannot be performed partially while having each debtor liable proportionately. On the other hand, Article 1210 states that the indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. The article also provides certain distinctions of indivisibility and solidarity whereas indivisibility refers to the prestation, while solidarity refers to the legal tie that binds the parties, and in case of a breach, in indivisibility, only the debtor who is guilty of a breach is liable for damages while in solidary, all of the debtors are liable for the breach of the obligation committed by a co-debtor. Moreover, indivisibility can still exist even if there is only one debtor and one creditor, while in solidarity, there should be at least 2 debtors and 2 creditors. When speaking of insolvency, in indivisible obligations, the others are not liable to incase of insolvency of one debtor, while in solidary, the others are proportionately liable. Article 1211 is about how solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Article 1212 states that solidary creditor may act beneficial to others but not act prejudicial because it can result in the extinguishment of the obligation and can cause damages to others. The video lecture also helped me understand the choices that a solidary creditor has when determining who will he enforce the collection. It can be either one, some, or all of the solidary debtors as long as the debt has not been fully collected. Article 1217 shows the effects of payment by a solidary debtor such as if it is between the solidary debtors and creditors. Full payment by one of the solidary debtors extinguishes the obligation. While in among solidary debtors. Its effects lie after the full payment of the debt. The paying solidary debtor can demand reimbursement from his co-debtors. If one becomes insolvent, he shall be liable for his share. Now for the perspective of among solidary creditors. The receiving creditor is jointly liable to the others for their corresponding shares. Article 1219 talks about different effects in terms of payment before remission of debt and after the debt have been remitted. Payment before remission extinguishes the obligation while payment after remission gives rise to solutio indebiti. It also talks about the consequences upon the remitted debtor before and after remission as well as when a co-debtor becomes insolvent. Before remission, the remitted debtor is liable if the paying debtor is paid in full. While in after remission, the remitted debtor is not liable if the paying debtor is paid in full. And lastly, when a co-debtor becomes insolvent, the remitted debtor is liable only for the co-debtors share. As to what Article 1221 states, it speaks about the liability that a debtor may have in case of loss. If it is lost without the fault before the delay, the obligation is extinguished. While if it is due to a solidary debtor, all debtors are liable for price and damages but can recover from the negligent debtor. And lastly, if it without fault after delay, all debtors are now liable for damages also in solidary obligation, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors. For article 1222, it shows the defenses available to a solidary debtor. It refers to an action filed by the creditor and the defenses available to the part of the debtor Again, thank you for this video lecture Atty. God bless.
Cas, Jeddah Mae C. 1 BSA - A Good Day Atty! Below here are what i've learned after watching the video, it is summarized per article based on my understandings on each part, it is as follows: Article 1207 - This article states that "There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity." Article 1207-1208 - Under this two article there are kinds of obligation such as folows: (a) Individual Obligation (b) Collective Obligation ·Kinds of solidary obligations According to the parties bound: (a) Passive Solidarity- Solidarity on the part of the debtor (b) Active Solidarity- Solidarity on the part of creditor (c) Mixed Solidarity- Solidarity on the part of the debtors and creditors ·General rule is that collective obligation presumed to be joint Article 1209 - This article applies to joint indivisible obligation as the prestations or object are not susceptible of division, and the solidarity are not being provided. Article 1210 - This article states that the liability in an indivisible obligation may be either joint or solidary. Then in a solidary obligation the subject matter may be divisible or indivisible Article 1211 - This article states that solidary obligation can be bound by different terms and conditions Article 1212 - This article states that each one of the solidary conditions may perform acts that will be beneficial to each other. Article 1213 - This article states that each solidary creditor represents each other and that the assignee does not have the right to assign his without the consent of the others Article 1214 - "The debtor may pay any of the solidary creditors; but if demand, judicial or extrajudicial, has been made by one of them, payment should be made to him" ·It states that to whom the debtor must pay to any of the solidary creditors; Exception: The payment must be made to solidary creditor who made a demand Article 1215 - This article states that solidary creditor has the choice to determine against whom he will enforce the collection Article 1216 - This article applies to passive solidarity and also to mixed solidarity. It also applies to solidary obligation and not to joint. Article 1217 - This article states the recovery of payment. "When one of thesolidary debtors cannot, because of his insolvency, reimbursehis share to the debtor paying the obligation, such share shallbe borne by all his co-debtors, in proportion to the debt ofeach." Article 1218 - This article states that solidary debtor payment shall not entitle him to reimbursement from his co-debtors after the obligation if such payment has been made Article 1219 - This article states that the remission which being made by the creditor of thw share which may affect one of the solidary debtor does not release the latter of his responsibility towards the co-debtor. ·It is only applicable if one of the solidary debtor paid the entire obligation to the creditor. Article 1220 - "The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors." ·This article only applies if the remission covers the whole or the entire obligation. Article 1221 - This article speaks of loss: ·Without fault before delay then obligation is extinguished ·Due to a solidary debtor ·Without fault after delay Article 1222 - This article talks about solidary debtors have defenses on their own.
Meriño, Leann Rain E. 1BSA-A Good day, Atty. Reyes. Here are some key points that I learned upon seeing this video. (Article 1207-1208) Tackles about the two kinds of obligations according to the number of prestation. Whereas individual obligation pertains to one obligor and one obligee only and collective obligation refers to two or more debtors and two or more creditors. Under the collective obligation, there are two kinds of obligation and with the help of this discussion, it distinguished the Joint and Solidary Obligation to me clearly. And based on the video, as a general rule, in collective obligation, it is presumed to be joint. (Article 1209) Talks about joint indivisible obligation. Debtors are liable proportionately therefore, prestation cannot be performed partially. This constitutes the middle ground between joint and solidary obligations. (Article 1210) Distinguished between indivisible and solidary obligation. Wherein, indivisibility refers to prestation and the obligation can be performed partially or comply all at once. On the other hand, solidary obligation refers to a juridical tie where the prestation may be divisible or indivisible. (Article 1211) Kind of solidary obligations. Either uniform, with the same stipulations or manner, and non-uniform/varied, they are not subject to the same stipulations or manner. (Article 1212) Solidarity creditors may act beneficial to others but not act prejudicial because it can result in the extinguishment of the obligation but can cause damages to others. (Article 1213) A solidary creditor cannot assign his rights without the consent of the others. (Article 1214) On the other hand, if you are the debtor, you can pay any one of the solitary creditors and the obligation will be extinguished however, if any demand, judicial or extrajudicial, has been made by one of them, then you have to pay him (Article 1215) The creditor who executed such as acts novation, compensation, confusion, or remission of the debt shall be liable to other co-creditor. (Article 1216) As long as the debt has not been fully paid or collected, solidary creditors have the right to choose whom he will enforce the collection. It can be either one of the solidary obligors, some of the solidary obligors, or all of them.
(Article 1217) The effect of payment by a solidary debtor between the solidary creditors and solidary debtors, among solidary debtors, and among solidary creditors. (Article 1218) If payment made by a solidary debtor becomes prescribed or illegal, he has no right to reimburse his payment to his co-debtors. (Article 1219) Talks about what will happen before and after remission. Before the remission, the obligation is extinguished. After remission, solution indebiti arises. On the other hand, the debtor must prove the remission by a creditor to release him from responsibility towards his co-debtor. (Article 1220) No right to reimburse from his co-debtor if the whole obligation is remitted because it can cause unjust enrichment. (Article 1221) Talks about the liability if the prestation is loss or has become impossible. (Article 1222) Discusses defenses available to a solidary debtor. Thank you again, Atty. for this video lecture and God bless.
Aragon, Kensheisha R. 1-BSA-B Good day Atty! These are the summary of what I've learned this video lecture about Joint and Solidary Obligation. Article 1207-1208 talks about joint and solidary obligation wherein solidary obligation each one of the creditors have the right to demand and have to comply with the obligation. While joint are two or more debtors and creditors on the same obligation and the compliance and payment will be given proportionately. There are kinds of solidary obligation according to the parties bound which is the passive active, and mixed solidarity obligation. And according to source is legal solidarity , conventional solidarity, and real obligation. Article 1209 refers to joint invisible obligation wherein joint only as to liabilities but invisible with regard to compliance. Article 1210 talks about the dichotomy between solidarity and invisibility of obligation. Which states that solidarity does not implied when the obligation is invisible. Since indivisibility refers to prestation while solidarity refers to the juridical tie that binds the parties. Article 1211 talks about solidary obligations which states that the parties may be bound with same stipulations or it may be varied. Article 1212 States the prejudicial act of solidary creditor will result to extinguisment of obligation. That means the solidary creditor made to any act provided that is beneficial or useful to others but not act prejudicial. Article 1216 states that solidary creditor has the choice to determine against whom he will enforce the collection it is not applicable to joint obligation but only as regards to solidary obligation.
Article 1217 talks about the effect of payment of solidary debtor. Which states the effect of payment made by one of the solidary debtors it said that the full payment of one of the server adapters will distinguished the contract but if there are two directors the creditor can choose on which payment he will collect. Article 1218 states that if the payment of the suicide debtor is illegal, then the other debtors is not liable for the payment of their share. Article 1219 Speaks about the effect of remission of share after the payment. Which states that if payment is made before remission, obligation is extinguished but if payment is made after the remission solutio indebiti arises. Article 1220 states the remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement for his co debtors. This is because the remitted depth or paid nothing to the creditor. No right to reimbursement in case of remission Article 1221 talks about lost state that lost without the fault before delay extinguishes the obligation loss due to solidary debtor makes all the debtors liable but can recover the negligent debtor. Article 1222 state the defenses available to the solidary debtor can be defenses derived from the nature of the obligation, defenses personal to, which pertain to share of, debtor sued, defenses personal to other solidary debtors. Thank you! Atty. for a wonderful discussion about joint and solidary obligation. Godbless
Bumatay, Ma. Leah B. 1 BSA-A (Pamantasan ng Cabuyao) Good day, Atty. These are the summary of what I’ve learned in this video. Articles 1207-1208. There are 2 kinds of obligation which are Individual Obligation (there is only one debtor and one creditor in a contract) and Collective Obligation (there are two or more debtor and two or more creditors.) Under collective obligation, it has 2 classification which are Joint Obligation ( the whole obligation is to be paid or fulfilled proportionately by the different debtors and demanded proportionately by the different creditors. This is the presumption in all collective obligation unless solidarity is expressly stated) and Solidary obligation (each one of the debtors is bound render, and/or each creditor has the right to demand from any of the debtors, the entire compliance with the prestation. There are different kinds of solidarity obligation according to the parties bound namely, passive, active, and mixed. (General rule: Collective obligation presumed to be joint; Solidarity is not presumed. The presumption, there are two or more person in the same obligation, that it is joint.) Article 1209. This article applies to joint indivisible obligation because the prestation or object is not susceptible of division, and solidarity is not provided. Article 1210. “The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.” Indivisibility means the character of a subject matter or object of a contract which does not permit its division or segregation without destroying its essence or substance. Article 1211. Under this article, even when creditors and debtors may not be bound in the same way or by the same period and conditions, solidarity may occur. Solidarity has two forms which are, Uniform (debtors are bound by the same terms and conditions or stipulations); and Non-uniform/Varied ( debtors are not subject to the same terms and conditions of payment but to different secondary stipulation or clauses.) Article 1216. Solidary creditor has the choice to determine against whom he will enforce the collection. It can be either from anyone of the solidary debtors, some of the solidary debtors, or all of the solidary debtors. Article 1221. It talks about the rules when a thing has been lost or if the prestation has become impossible to perform. (A) When Loss is without the fault of debtor and before delay, the obligation is extinguished; (B) when Loss is due to a solidary debtors, all of them are liable for price and damages but can recover from the negligent debtor; (C) and if Loss without fault after delay, all debtors are liable for everything. Article 1222. It gives the defenses available to a solidary debtors. 1. Defenses derived from the nature of the obligation. 2. Defenses personal to, or which pertain to share of debtor sued. 3. Defenses personal to other solidary debtors. Thank you for explaining Joint and Solidary Obligation, Atty. Reyes. God bless.
PAMPLONA, MARY ANTOINETTE V. 1BSA-A Good day, Atty. Reyes! Thank you for this very informative video. Here are my takeaways from this episode: Article 1207 states that "The concurrence of two or more creditors or of 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 the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity.” Article 1208 states that "If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits.” The general rule is: Collective obligation presumed to be joint. There are 2 kinds of obligation. In an individual obligation, there is one obligee and one obligor. While in a collective obligation, there are two or more obligees and two or more obligors. 2 Kinds of Collective Obligation: 1) Joint obligation - Paid or fulfilled proportionately by the debtors - Is to be demanded proportionately by the different creditors 2) Solidary Obligation - Each one of the debtors is bound to render payment or fulfillment of the obligation - Each one of the creditors has a right to demand entire compliance with the prestation Kinds of Solidary Obligation: a) According to the parties bound i. Passive solidarity - Solidarity on the part of the debtor. Any of the debtors can pay or fulfill the obligation (many debtors, only one creditor) ii. Active solidarity - Solidarity on the part of the creditors, where any one of them can demand the fulfillment of the entire obligation (one debtor, many creditors) iii. Mixed solidarity - Solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand, entire compliance with the obligation b) According to the source iv. Legal solidarity - Solidarity imposed by law v. Conventional solidarity - Solidarity is agreed upon by the parties vi. Real obligation - Imposed by the nature of law Solidarity is not presumed. The presumption, there are two or more persons in the same obligation, is that it is joint. Article 1209 speaks of a joint indivisible obligation. It is joint in the sense that the liability of the debtors are divided proportionately among themselves but it is indivisible in the sense that it can only be complied all at once. It cannot be partially performed. Article 1210 presents the dichotomy between indivisibility and solidarity of obligation. Solidarity pertains to the obligation of the debtors -whether the debtors can be held liable to perform for the entire obligation. Indivisibility pertains as to whether the obligation can be performed in parts or not. Indivisibility distinguished from solidarity: * Indivisibility refers to the prestation, while solidarity refers to the juridical or legal tie that binds the parties. * In indivisible obligations, only the debtor guilty of breach of obligation is liable for damages (Arts. 1209, 1224.), thereby terminating the agency, while in solidary obligations, all of the debtors are liable for the breach of the obligation committed by a co-debtor (Art. 1221.), for solidarity among them remains. * Indivisibility can exist although there is only one debtor and one creditor, while in solidarity, there must be at least two debtors or two creditors. * In indivisible obligations, the others are not liable in case of insolvency of one debtor, while in solidary obligations, the others are proportionately liable. Note: The first sentence of Art. 1210 simply means that the liability in an indivisible obligation may be either joint or solidary. The second sentence means that in a solidary obligation, the subject matter may be divisible or indivisible. Article 1211 discussed that there is solidarity even if there are variation in terms of the manner by which the obligation is to be performed or there can be solidarity even if the solidary debtors have different periods and conditions in the performance of their obligation. *Uniform - Parties bound with same stipulations *Non-uniform/Varied - Parties are not subject to same stipulations In Article 1212, solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others. Article 1213 states that "A solidary creditor cannot assign his rights without the consent of the others.” In Article 1214, since each of the solidary creditors can demand the performance of the entire obligation, then if you are a solidary debtor, you can pay to any of the solidary creditors the entire obligation. You don't need to divide the payment to all of them. Now you can pay one solidary creditor and the obligation will be extinguished except if any of the solidary creditors will demand for the payment then you have to pay to him. Article 1215 states that "Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of article 1219. The creditor who may have executed any of these acts, as well as he who collects the debts, shall be liable to the others for the share in the obligation corresponding to them.” In Article 1216, solidary creditor has the choice to determine against whom he will enforce the collection. It can be either: 1. Any one of the solidary debtors 2. Some of the solidary debtors 3. All of the solidary debtors so long as the debt has not been fully collected Article 1217 discussed the effects of payment by a solidary debtor: a) Between the solidary debtors and creditor(s) - full payment made by one of the solidary debtors extinguishes the contract but the creditor has the right to choose which payment to accept if two or more solidary debtors offer to pay (in full). b) Among solidary debtors - after the full payment of the debt, the paying solidary debtor can demand reimbursement from his co-debtors for their proportionate shares with the interest only from the time of payment wherein the obligation becomes joint. If one becomes insolvent, he shall be liable for his share. c) Among solidary creditors - the receiving creditor is jointly liable to the others for their corresponding shares. Article 1218 states that “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.” Under Article 1219, remission was discussed. Remission means that it was condoned by the creditor. Before remission, obligation is extinguished. After remission, solutio indebiti arises. It is necessary for the debtor to prove the remission to the payment to release him from responsibility towards his co-debtors. This is to prevent fraud whereby the creditor remits the share of a particular debtor. This secures the equality and justice to the paying debtor in as much as the payment benefits his co-debtors. Article 1220 states that "The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.” - This is because the remitted debtor pays nothing to the creditor. In Article 1221: a) Without fault before delay - Obligation is extinguished b) Due to a solidary debtor - All debtors are liable for price and damages but can recover from the negligent debtor c) Without fault after delay - All debtors are now liable for everything Even the thing is lost but the obligor has already incurred delay, the obligation is not extinguished. *As far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors. *If the creditor recovers the price and damages from the negligent debtor, the negligent debtor cannot claim reimbursement from the others because he alone was at fault. *If the thing to be delivered belong to the negligent debtor, only he is liable to damages and interest. Article 1222 tackled about the defenses available to a solidary debtor which are: 1. As far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors. 2. If the creditor recovers the price and damages from the negligent debtor, the negligent debtor cannot claim reimbursement from the others because he alone was at fault. 3. If the thing to be delivered belong to the negligent debtor, only he is liable to damages and interest.
Conta, Emmanuel P. 1BSA-A Thank you for the video lecture Atty. Article 1207 States that if there are two or more creditors and two or more debtors it does not imply that each of them has the right to demand as well as each one of them complies with the prestation. This means that there is an only solidary liability if the obligation was expressly so state or when the nature of the obligation requires solidarity. Article 1208 It is about the kinds of obligations according to the number of parties. It is an individual obligation when there is only one obligor and one obligee and it is a collective obligation when there are two or more debtors and two or more creditors, and this may either be joint or solidary. The general rule is: Collective obligation presumed to be joint. There are 2 kinds of obligation. In an individual obligation, there is one obligee and one obligor. While in a collective obligation, there are two or more obligees and two or more obligors. 2 Kinds of Collective Obligation: 1) Joint obligation - Paid or fulfilled proportionately by the debtors - Is to be demanded proportionately by the different creditors 2) Solidary Obligation - Each one of the debtors is bound to render payment or fulfillment of the obligation - Each one of the creditors has a right to demand entire compliance with the prestation Kinds of Solidary Obligation According to the parties bound: •Passive Solidarity - debtor's solidarity wherein one of them can be made liable for the fulfillment of obligation •Active Solidarity - creditor's solidarity wherein any one of them can demand the fulfillment of the entire obligation •Mixed Solidarity - solidarity among debtors and creditors where each one of the debtors is liable to render and each of the creditors has a right to demand According to source: •Conventional Solidarity - solidarity is agreed upon by the parties •Legal Solidarity - solidarity is imposed by the law •Real Solidarity - solidarity is imposed by nature of obligation. Article 1209 This article talks about the joint indivisible obligation wherein the obligation can't be performed partially. Thus, it is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance. Article 1210 This speaks about solidarity obligation and its difference from the indivisibility obligation. Wherein solidary obligation pertains to debtor whether they are held to be liable to perform the entire obligation while indivisibility obligation pertains to whether the obligation can perform in parts or not. Article 1211 This article speaks about the kinds of solidary obligations according to the legal tie. It is consists of: (1) Uniform when the parties are bound by the same stipulation. (2)non-uniform or varied when parties are not subject to same stipulations. Article 1212 This article said that solidary creditor may do whatever that is useful to other but not anything which may be prejudicial to others. Article 1213 It is said that if one solidary creditor assigns his rights to another, it should have been agreed by other solidary creditors. He can't just assign without the consent of his co-creditors. Article 1214 This article said that the debtor may pay one of the solidary creditors but if any demand has been made by one of them, then the debtor should pay him. Article 1215 Introduces the liability of solidary creditor in case of novation, compensation, confusion, or remission. Article 1216 Discusses the right of the creditor to determine who he will enforce the collection. It can be either any one of the solidary debtors, some of the solidary debtors, or all of the solidary debtors. Article 1217 discusses the effect of payment of solidary debtor. The obligation is extinguished if one of the solidary debtors made the payment, however, if two or more solidary debtor offers to pay, the creditor has the right to choose which payment to accept. The solidary debtor may reimburse from his co-debtors what he has paid, but only the share that corresponds to each, with an interest for the payment already made. Article 1218 This article speaks that if the obligation becomes illegal the paying solidary debtor shall not be liable or is not entitled to reimbursement from his co-debtors. Article 1219 States the different effects in terms of payment before and after remission. This is to prevent fraud Article 1220 States that "The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.” Article 1221 Discusses about the liability if a prestation has been lost or becomes impossible. If the prestation was loss without fault before a delay, the obligation is extinguished. If the loss due to a solidary debtor, all debtors are liable for price and damages but can recover from the negligent debtor. And if without the fault after delay, all debtors are now liable for everything. Article 1222 The general rule of this article states that you can freely set up the defenses pertaining to yourself, or to the other solidary debtors.
Gonzales, Karl Wilson M. 1 BSA - A Pamantasan ng Cabuyao Here are some of the things I understood after I watched this video: Article 1207 and 1208 highlights about the two kinds of obligations: (1) Individual Obligation and (2) Collective Obligation. There are different kinds of Collective Obligations and that is (1) Joint Obligation is paid or fulfilled proportionately by the different debtors while in Solidary Obligation, each of the debtor is bound to render the fulfillment of the obligation. I have also known the General Rule: In case of collective obligation, the obligation is presumed to be joint. Article 1209 talks about joint indivisible obligations wherein the liability of the debtors are divided proportionately among themselves, and that it is indivisible in the sense that it can only be complied all at once. Article 1210 then speaks that the indivisibility of the obligation does not always give rise to solidarity, nor that the solidarity or itself imply divisibility. Article 1211 states that solidarity can also exist even though the debtors and creditors is not bound in the same manner or period. Article 1212 states that each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. If a solidary creditor performs an act which is not fair to his co-creditors, the act may have valid legal effects or the obligation of the debtor due to them may be extinguished, but the performing creditor shall be liable to his co-creditors. Article 1213 talks about the transferring of rights wherein a solidary creditor cannot assign his rights without the consent of the others. Article 1214 states that a debtor can pay any of the solidary creditors but if a demand was made, payment should be made to him. Article 1215 talks about the novation, compensation and confusion or remission of the debt made by any of the solidary creditor shall extinguish the obligation. Article 1216 says that if there is passive solidarity, the creditor can proceed against any of the solidary debtors, some of the solidary debtors or all of them. Article 1217 then speaks that payment made by one of the solidary debtors extinguishes the obligation. Now if two or more solidary debtors offer to pay the creditor, he may choose which offer to accept. Article 1218 talks about reimbursement wherein payment of a solidary debtor shall not entitle him to reimbursement from his co-debtors if the payment is made after the obligation has prescribed or become illegal. Article 1219 states that The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. Article 1220 talks about the remission of the whole obligation obtained by one solidary debtor, does not entitle him to reimbursement because he did not spend any money, the remission being a gratuitous act. Article 1221 talks about the consequences if the thing has been lost or if the prestation has become impossible. Article 1222 talks about the remedies of solidary debtor wherein he may avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share.
Francisco, Yvonne Lee R. 1 BSA - B Here are some of my notes from this video: • Article 1207-1208 talks about the different kinds of obligation as to number of parties. Individual obligation refers to one obligee and one obligor. Collective obligation pertains to two or more obligee and obligor. On the other hand, there different kinds of collective obligation: joint obligation and solidary obligation. • Article 1209 speaks of a joint indivisible obligation. It is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance. This obligation constitutes the middle ground between a joint obligation and a solidary obligation. • Article 1210 presents the dichotomy between indivisibility and solidarity of obligation. Solidarity it pertains to the obligation of the debtors whether the debtors can be held liable to perform for the entire obligation while indivisibility pertains as to whether the obligation can be performed in parts or not. • Article 1211 is about kinds of solidary obligation according to the legal tie. They are uniform and non-uniform or varied. • Article 1212 - Solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others. • Article 1214 - Each of the solidary creditor can demand the performance of the entire obligation, then if you are a solidary debtor you can pay to any of the solidary creditor or the entire obligation. You do not need to divide the payment to all of them. You can pay one solidary creditor and obligation will be extinguished except that if any of the solidary creditor will demand for the payment then you have to pay him. • Article 1216 - Solidary creditor has the choice to determine against whom he will enforce the collection. It can be either any one of the solidary debtors, some of the solidary debtors and all of the solidary debtors as long as the debt has not been fully collected. • Article 1217 is about the effect of payment by a solidary debtor between the solidary debtors and creditor(s), among solidary debtors, and among solidary creditors. • Article 1219 talks about the remission where it was condoned by the creditor. It is necessary for the debtor to prove the remission to the payment to release him from responsibility towards his co-debtors. • Article 1220 - If the solidary debtor goes to the solidary creditors and asks for the remission of the debt for the condemnation of the debt since there is no payment, the solidary debtor is not entitled for reimbursement from his co-debtors, otherwise, it will amount to unjust enrichment because there was no payment made only remission of the debt. This is because the remitted debtor pays nothing to the creditor. • Article 1221 talks about loss. Even if the thing is lost but the obligor has already incurred delay, the obligation is not extinguished. In case of loss without the fault of the debtor and before delay then the obligation is extinguished (these two must concur). • Article 1222 - The rule here is that you can set up the defenses pertaining to yourself or to the other solidary debtors.
Armando, Aliyah Czarina R. 1 BSA-A Good day Atty. thank you for making this video, it helped to understand the lessons. Here are my takeaways from the lectured video. Section 4. Joint and Solidary Obligations l Article 1207-1208- General Rule: Collective obligation presumed to be joint. Kinds of obligations according to the number of parties ü Individual Obligation- one debtor and one creditor ü Collective Obligation- two or more debtors and two or more creditors Meaning of Joint and Solidary Obligations ü Joint obligation- whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors. ü Solidary obligation- each one of the debtors is bound to render, and/or each one of the creditors has a right to demand from any of the debtors When obligation solidary. ü The obligation expressly so states ü The law requires solidary ü The nature of the obligation requires solidary. Kinds of solidarity. According to the parties bound: ü Passive solidarity- many debtors, only one creditor ü Active solidarity- one debtor, many creditors ü Mixed solidarity- each one of the debtors is liable to render and each one of the creditors has a right to demand According to source: ü Conventional solidarity- solidarity is agreed upon by the parties ü Legal solidarity- solidarity is imposed by the law ü Real solidarity- solidarity is imposed by the nature of the obligation l Article 1209 Joint indivisible obligation- the obligation is joint because the parties are merely proportionately liable. The object or subject matter is not physically divisible into different parts. l Article 1210- The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. l Article 1211- Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Kinds of solidary obligation according to the legal tie. ü Uniform- parties are bound by the same stipulations ü Non-uniform or varied- parties are not subject to the same stipulations l Article 1212- The article means that solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others. l Article 1213- A solidary creditor cannot assign his rights without the consent of the others. l Article 1214- The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him. l Article 1215 *Novation, compensation, and remission are modes or causes of extinguishment of obligations. l Article 1216 Solidary creditor has the choice to determine against whom he will enforce the collection. It can be either; ü Any one of the solidary debtors ü Some of the solidary debtors ü All of the solidary debtors l Article 1217 Effects of payment by a solidary debtor ü Between the solidary debtors and creditor(s)- payment made by one of the solidary debtors extinguishes the obligation ü Among the solidary debtors- after payment of the debt, the paying solidary debtor can demand reimbursement from his co-debtors for their proportionate shares with interest only from time of payment. ü Among the solidary creditors- the receiving creditor is jointly liable to the others for their corresponding shares. l Article 1218- Payment by a solidary debtor shall not entitle him to reimbursement form his co-debtors if such payment is made after the obligation has prescribed or become illegal. Prescriptive periods of actions. “By prescription one acquires ownership and other rights through the lapse of time in the manner and under the conditions laid down by law”. l Article 1219- The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. Payment Effect Before remission Obligation is extinguished After remission Solutio Indebiti arises Remitted Debtor Consequences Before remission Liable if the paying debtor paid in full After remission Not liable if the paying debtor paid in full When a co-debtor becomes Liable only for the co-debtor’s share Insolvent l Article 1220- The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors l Article 1221 Rules in case thing has been lost or prestation has become impossible. ü Loss is without fault and before delay- obligations is extinguished ü Loss is due to fault on the part of a solidary debtor- all debtors are liable from price and damages but can recover from negligent debtor ü Loss is without fault but after delay- all debtors are now liable for everything l Article 1222 Defenses available to a solidary debtor. Defenses derived from the nature of the obligation Defenses personal to, or which pertain to share of debtor sued. Defenses personal to other solidary debtors.
Aggabao, Princess Joy B. 1BSA-A' PNC Good day Atty. Here are some of my take away after reading the book and watching your video lecture. Thank you for helping me understand it more. There are two kinds of collective obligation the first one is the joint obligation whereas it is paid or fulfilled and is divided among different debtors and it is to be demanded proportionately by different creditors. (ART 1208) Solidary obligation, is where either one of each of the debtor and creditor is bound to perform or has the right to demand for fulfillment. (ART 1207) The joint indivisible obligation refers to being joint as to the liabilities of debtors and the rights of creditors, but indivisible in a way where the object or subject matter is not physically divisible into different parts. This constitute as the middle ground between a joint and solidary obligation. (ART 1209) The distinction between the indivisible and solidary obligation is that indivisibility refers to a prestation and the liabilities of an obligation may either joint or solidary. While solidary pertains to the juridical tie where the subject matter may be divisible/indivisible. (ART 1210) There is a solidarity even though there is a variation in terms of the manner by which the obligation is to be performed. And there can be a solidarity even if the solidary debtor have diff. period or conditions. (ART 1211) While a solidary creditor may act in useful way in the representation of its co-creditor, but cannot act prejudicial because it will result to the extermination of the obligation (ART 1212) Solidary debtor cannot assign his right to the third person unless there is a consent of co-creditor (1213) Debtor may choose who will received his payment among solidary creditor unless there is a demand, the payment should be made to him (1214) The creditor who executed such acts (novation, compensation, confusion, or remission of the debt) shall be liable to other co-creditor. (1215) The choice is left w/ the creditor to determine whom he will enforce his right to the performance of the obligation. and the solidary debtor shall not take it as an obstacle as long as the duty has not been fulfilled. (1216) In solidary debtor, either one is bound to comply therefore the fulfillment of one of them extinguishes the obligation. He who has made the payment is entitled to the reimbursement by his co-debtor of their share in the obligation. (1217) If the payment of the solidary debtor is made in an illegal or prescribe way he is not entitled to reimburse by his co-debtor. (1218) When one of the active solidary cancel his share, it will not release that part of the debtor that is affected. When the payment i made before remission, c0-debtors are still to reimburse to the debtor who complied. If the remission is made before payment and payment has been made the principle of solutio indebiti arises. Note: In case one of the debtor became insolvent, that remitted debtor is still obliged to contribute to the shre of that insolvent debtor. (1219) No right to reimburse if the whole obligation is remitted (1220) If loss w/o fault obligation is extinguish; w/o fault but incurred delay all is responsible for everything. If loss through fault, all is responsible but can recover to that negligent co-debtor. (1221) And lastly Art. 1222 refers to an action filed by creditor and the defenses available to the part of debtor (nature, personal, personal to othe solidary debtor)
Ortega, Annaztacia 1 BSA - A (PNC) Good day atty. These are the some takeaways regarding this video. According to Article 1207, the concurrence of two or more creditors or of 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 the prestation. In addition, according to article 1208, if from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit and debit shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. In these articles, there are kinds of obligations, the individual and collective. And there are also kinds of collective, the joint and solidary. The general rules for these articles is collective obligation presumed to be joint. There are also kinds of solidary obligation, the passive, active, and mixed. Hence, the kinds of solidary are legal solidarity that imposed by law, conventional that is agreed upon by the parties, real that imposed by the nature of law. According to Article 1209, if the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share. Besides, in article 1210, the indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. Indivisibility refers to the prestation, while solidarity refers to the juridical or legal tie that binds the parties while in indivisible obligation, only the debtor guilty of breach of obligation is liable for damages. Moreover, according to article 1211, solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Hence, in article 1212, each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. But solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others. Nevertheless, in article 1213, a solidary creditor cannot assign his rights without the consent of the others. In article 1214, the debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him. Moreover, according to article 1215, novation, compensation, confusion, or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of the article 1219. Also, in article 1216 and 1217, the creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. The payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. In addition, according to 1218, payment by 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. Hence, in article 1219, the remission made by the creditor of the share which affects one of the solidary debtor does not release the latter from his responsibility towards the co-debtors, in case the debt has been totally paid by anyone of them before the remission was effected. Moreover, according to 1220, the remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.
Aliah Greicel E. Lacanilao 1BSA-A Pamantasan ng Cabuyao Summary of my learnings: • There is a solidary liability only when the obligation expesses so states or when it requires solidaity. • Collective obligation is considered to be joint. Kinds of Solidary Obligation: 1. Passive Solidarity - in the part of the debtor (many debtors, one creditor) 2. Active Solidarity - in the part of the creditor (one debtor, many creditors) 3. Mixed Solidarity 4. Legal Solidarity 5. Conventional Solidarity 6. Real Obligation - imposed by the nature of law • Solidarity is not presumed. • The indivisibility of an obligation does not imply solidarity and solidarity does not imply indivisibility. • Solidarity may exist although the creditors and debtors may not be bound in the same manner and by the same periods and conditions. • Each one of the solidary creditors may do whatever that may be useful to others but do anything that may be prejudicial to them. • A solidary creditor cannot assign his rights without others' consent. • The debtor may pay any one of the solidary creditors but if any demand has been made to one of them, it should be paid to him. • The creditor who committed novation, compensation, confusion or remission of the debt shall be liable to the other creditors for the share in obligation corresponding for them. • The creditor can demand payment from any one of the solidary debtors or all of them as long as the debt has not been fully collected. • Payment from any solidary members extinguises the obligation. In case that two or more offers to pay, the creditor may choose which one to accept. The paying solidary debtor can demand reimbursement from his co-debtors unless if the payment is made after the obligation has prescribed or become illegal. • The remission of the whole obligation, obtained by one solidary debtors, does not entitle him to reimburse from his co-debtors. • If the thing is lost or if the prestation becomes impossible without the fault of the solidary debtors, the obligation is extinguished. If one of them is at fault, all debtors are liable but can recover from the negligent debtor. If without fault but there is a delay, all of them is liable. Defenses available to a solidary debtor: 1. Defenses derived from the nature of the obligation 2. Defenses personal to debtor sued 3. Defenses personal to other solidary debtors
Miranda, Ranegel Anne R. PNC 1BSA - B I have learned in this video about the Section 4 which is the Joint and Solidary Obligations (Article 1201 to Article 1222). Under Article 1207 and 1208 is about the kinds of obligation according to the number of parties, (1) Individual Obligation - one obligee and one obligor and (2) Collective Obligation - two or more obligee and obligor. The kinds of Collective Obligation are joint obligation and solidary obligation. GENERAL RULE: Collective obligation is presumed to be joint. In case of doubt if an obligation is a joint or solidary, the it is to be presumed as joint. The kinds of Solidarity Obligation: (1) According to parties bound are Passive solidarity (the solidarity is in the part of the debtor), Active solidarity (solidarity on the part of creditors), and Mixed solidarity (solidarity on the part of debtors and creditors). (2) According to source: legal solidarity, conventional solidarity, and real solidarity. Remember: Solidarity is not presumed. The presumption, there are two or more persons in the same obligation, is that it is joint. Article 1209 is about the joint indivisible obligation. Joint indivisible obligation is the middle ground between a joint and solidary obligation. The obligation is joint because the parties are merely proportionately liable. Article 1210 is about the indivisibility and solidary of obligation. The indivisibility is the prestation while the solidarity is the legal tie that binds the parties. Note that the first sentence of this article means that the liability in the indivisible obligation may be either joint or solidary. The second sentence means that in the solidary obligation, the subject matter may be divisible or indivisible. Article 1211 talks about the kinds of solidary obligation according to the legal tie, (1) Uniform - the parties are bound with same stipulations, and (2) Non-Uniform or varied - the parties are not subject to same stipulations. Article 1212 means that the solidary creditor may do any act that can be beneficial or useful to others but not act prejudicial because that can result to the extinguishment of the obligation and can cause damages to others. Article 1213 is about the assignment of the solidary creditor of his rights. The solidary creditor cannot assign his rights to others without the consent of the latter. Article 1214 is about the payment to any of the solidary creditors. The rule is that the debtor may pay any one of the solidary creditors. Article 1215 talks about the liability of solidary creditor in case of novation, compensation, confusion, or remission. Under Article 1216 is that the solidary creditor has the choice to determine against whom he will enforce the collection and can either be anyone one of the solidary debtors, some of the solidary debtors or all of the solidary debtors as long the debt has not been fully collected. Article 1217 is about the effects of the payment of the solidary debtor. If between the solidary debtors and creditor(s), the full payment made by one of the solidary debtors extinguishes the contract, but the creditor has the right to choose which payment to accept if two or more solidary debtors offer to pay in full. If among the solidary debtors, after full payment of the paying solidary debtor, he can demand reimbursement from his co-debtors for their proportionate shares. If one becomes insolvent, he shall be liable for his share. If between the solidary creditors, the receiving solidary creditor is jointly liable to the others for their corresponding share. Article 1218 talks about the effect of payment after obligation has prescribed or become illegal. Under Article 1219 is about the effects of remission of share after payment. The effect of payment BEFORE remission is that the obligation is extinguished, while the effect of payment AFTER remission is that the solutio indebiti arises. It is necessary for the debtor to prove the remission to the payment to release him from responsibility towards his co-debtors. The consequence of the remitted debtor BEFORE remission is that liable if the paying debtor paid in full. The consequence of the remitted debtor AFTER remission is that not liable if the paying debtor paid in full. The consequence of the remitted debtor when a co-debtor becomes insolvent is that liable only for the co-debtor’s share. Article 1220 is about the debtor who obtains remission pays nothing to the creditor. This article only applies if the whole obligation is remitted. No right to reimbursement in case of remission. Article 1221 talks about the rules in case the things have been lost or prestation has become impossible. In case of loss without fault before delay then the obligation is extinguished. In case of loss due to a solidary debtor, all debtors are liable for the price and damages but can recover from the negligent debtor. Lastly in case of loss without fault after delay then all debtors are now liable for everything. Article 1222 is about the defenses available to the solidary debtor: (1) defenses derived from the nature of the obligation, (2) defenses personal to, or which pertain to the share of, debtor sued, and (3) defenses personal to other solidary debtors. The rule is that you can set up the defenses pertaining to yourself or to the other solidary debtors. Thank you for this video lecture, Atty.
Melendrez, Jonalyn C. 1 BSA-B Good day Atty! Here are my key takeaways from this video lecture: ∆Section 4: Joint and Solidary Obligation •Article 1207 stated that if there are two or more debtors and creditors in one or same obligation, it does not mean that each debtor has a right to demand and each creditor is bound to render. Solidary liability will arise when expressly stated or when the law requires. • Article 1208 refers to the presumption of dividing equal shares between debtors and creditors unless the stipulation provided the amount. • Individual Obligation - Has one obligee or one obligor • Collective Obligation - One where there are two or more debtors or two or more creditors. It comprises joint and solidary obligation • Joint Obligation - Paid or fulfilled proportionately by different debtors and proportionately demanded by different creditors. • Solidary Obligation - One of the debtors is bound to render and one of the creditors has a right to demand. • General Rule: Collective Obligation presumed to be joint unless expressly provided by stipulation. ∆KINDS OF SOLIDARY OBLIGATION According to the parties bound: •Passive Solidarity - debtor's solidarity wherein one of them can be made liable for the fulfillment of obligation •Active Solidarity - creditor's solidarity wherein any one of them can demand the fulfillment of the entire obligation •Mixed Solidarity - solidarity among debtors and creditors where each one of the debtors is liable to render and each of the creditors has a right to demand According to source: •Conventional Solidarity - solidarity is agreed upon by the parties •Legal Solidarity - solidarity is imposed by the law •Real Solidarity - slidarity is imposed by nature of obligation. •Article 1209 refers to joint indivisible obligation, joint as to liabilities of debtors or rights of creditors but indivisible as to compliance. •Article 1210 states that solidarity does not arise because of the indivisibility of obligation nor solidarity implies indivisibility. •Under this article, indivisibility and solidarity distinguished. •Indivisibility - Prestation - Only debtor is liable for damages in guilty of breach of obligation. - It can exist even if there is only one debtor and one creditor. - The others are not liable when one debtor becomes insolvent •Solidarity - Juridical/Legal tie that binds the ties - All of the debtors are liable for the breach of obligation committed by a debtor. - There must be atleast two debtors or two creditors. - The other debtors are proportionately liable when one debtor becomes insolvent. •Article 1211 may exist even when debtors and creditors may not be bound in same manner and conditions. •Article 1212 stated that solidarity creditor may do any act beneficial to the others but cannot perform any act prejudicial to them •Article 1213 expressed the absence of consent given by the others hinders the creditor to assign his right to a third person •Article 1214 is all about the payment to any of the solidary creditors. •Article 1215 introduces the liability of solidary creditor in case of novation, compensation, confusion or remission. •Article 1216 provides the right of creditor to proceed against any solidary debtor. •Article 1217 stated the payment made by one of the solidary debtors extinguishes obligation. If two or more offers to pay, choose whick offer to accept. •Article 1218 explicates the effect of payment after obligation has prescribed or become illegal. •Article 1219 clear ups the effect of remission of share after payment. •Article 1220 refines that in case of remission, there is no right to reimbursement. •Article 1221 simplifies the rule when thing has been lost or prestation become impossible. •Article 1222 states the available defenses of solidary debtor in actions filed by the creditor. Thank you for this video lecture, Atty! Through this, I was able to understand and distinguished joint and solidary obligation.
Geminiano, Hanna Rian T. 1BSA-A After watching this video lecture, I have gained knowledge of Solidary and Joint Obligations. Actions of debtor or obligor to the obligation in joint obligations is to pay or fulfill proportionately their obligations. While in solidary obligations, each one of the debtor is bound to render payment or fulfillment of the obligation. On the other hand, actions of creditor or obligee to the obligation in joint obligation is to demand proportionately to the debtors, while in solidary obligations, each one of the creditors has a right to demand entire compliance with the prestation. I have also learned about the kinds of solidary obligation. Passive solidarity is solidarity in the part of the debtor. Any of the debtor can pay or fulfill the obligation. In active solidarity on the part of creditors, anyone of them can demand the fulfillment of the entire obligation. And in mixed solidarity, solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand, entire compliance with the obligation. It is also stated in the video that solidarity is not presumed. The presumption, there are two or more persons in the same obligation, is that it is joint obligation. I have also learned about joint indivisible obligations in article 1209. It is a joint obligation as to liability of debtors or rights of the creditors but is indivisible as to their compliance. Indivisibility pertains to if the obligation can be performed in parts or not. Moreover, liability in an indivisible obligation may be either joint or solidary. In a solidary obligation, the subject matter may be divisible or indivisible. There are solidarity even if there is variation in manner, period or conditions. Uniform solidary obligation is where parties are bound with same stipulation and Non-uniform/varied solidary obligation are where parties are not subject to same stipulations. In addution, solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation and can cause damage to others. Also, solidary creditor cannot assign his rights without the consent of the others. It is also stated in the video, the debtor may pay any one of the solidarity creditor except when a creditor demands payment. Another topic that I fully understood is that the solidary creditors has the choice to determine against whom he will enforce the collection. It can be either: anyone of the solidary debtors, some of the solidary debtors, or all of the solidary debtor. So long as the debt has not been fully collected. I was also able to comprehend the effects of payment of solidary debtor before and after remission. Another learning is about the loss and liability in solidary obligations. When the loss is without the fault and before delay, the obligation is extinguised. If it is due to a solidary debtor, all debtors are liable for price and damages but can recover from the negligent debtor. And if it is without fault after the delay, all debtors are now liable for everything. As far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors. If the creditor recovers the price and damages from the negligebt debtor, the debtor cannot claim reimbursement from others. Lastly, I was able to comprehend the defenses available to a solidary debtor. The defenses could be derived from the nature of the obligation; defenses personal to,or which pertain to share of, debtor sued; defenses personal to other solidary debtors.
Misa, Jodelyn C. 1BSA-A Hello, Atty. Reyes! This video discussed the kinds of collective obligation, Joint and Solidary obligation. Joint obligation is paid or fulfilled proportionately by the different debtors and it is demanded proportionately by the different creditors. Solidary obligation is each one of the debtors is bound to render payment or fulfillment of the obligation and each one of the creditor has a right to demand the entire obligation. Furthermore, Article 1207-1208 that tackle the collective obligation presumed to be joint. There are kinds of solidary obligation according to parties, the passive solidarity which is any of the debtor can pay or fulfill the obligation, active solidarity is anyone of them can demand the fulfillment of the entire obligation and mixed solidarity is the solidarity on both parties. In addition, the solidarity according to source are legal solidarity, conventional solidarity and real obligation. Moreover, Article 1209 is about Joint Indivisible Obligation which is the middle ground between joint and solidary obligation. Joint indivisible obligation is the liabilities of the debtors are divided proportionately among themselves but is inidivisible in the sense that it can only be complied all at once it cannot be partially performed. Lastly, Article 1211 talks about solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Article 1213 states that a solidary creditor cannot assign his rights without the consent of the others. Thank you Atty. Reyes!
Malayo, Christine B. 1BSA-A PNC Good day Atty. After watching this video lecture here are my takeaways: In article 1207, there is solidary liability only when the obligation is expressly stated or when the law or nature of the obligation requires solidarity. Article 1208, If from the law, or the nature or the wording of the obligations to which of the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many equal shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. Article 1209, If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share. Article 1210, the indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. In Article 1211, solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. In Article 1212, each one of the solidary creditors may do whatever may be useful to the others, but not anything which maybe prejudicial to the latter. Article 1213 clearly stated that the a solidary creditor cannot assign his right without the consent of the others. Article 1215, Novation, compensation, confusion, or remission of the debt, made by any solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. The creditor who may have executed any of these acts, as well as he who collects the debts, shall be liable to the others for the share in the obligation corresponding to them.In Article 1216, The creditor may proceed against anyone of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. Article 1217, Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. Article 1218, 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. Article1219, the remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility toward the co debtor, in case the debt had been totally paid by anyone of them before the remission was effected. Article 1220, the remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. Article 1221 clearly stated that if the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. Article 1222, a solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part for which the latter are responsible. Thank you Atty.
Galuz, Lotus Anne A. 1BSA - A Pamantasan ng Cabuyao Articles 1207-1208 talk about the kinds of obligations: the individual with one obligee and obligor and a collective obligation with two or more obligee and obligor. The two types of collective obligations: joint and solidary. Article 1209 implies that the debtors' liability is proportionately divided among themselves. rticle 1210 the indivisibility distinguished from solidarity whereas indivisibility refers to the prestation while the solidarity refers to the juridical or legal tie. Article 1211 Solidary obligation could be uniform which means that parties bound with the same stipulation, and non uniform when parties are not subject to same stipulations. Article 1212 solidary creditor may act beneficial to others but not act prejudicial due to the fact that it can result to the extinguishment of an obligation. Article 1213 expressed the absence of consent given by the others hinders the creditor to assign his right to a third person. Article 1214 This article said that the debtor may pay one of the solidary creditors but if any demand has been made by one of them, then the debtor should pay him. Article 1215 it talks about novation, compensation, confusion, or remission of debts acts executed by any of the solidary creditors or debtors shall make the obligation to become extinguished. Article 1216 states that the creditor may go against any one of the solidary debtors or some or all of them simultaneously. Article 1217 Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. Article 1218 tells that a solidary debtors' payment would not entitled him from any reimbursement from his co-debtors if it is paid after the obligation become unlawful Article 1219 Talks about what will happen before and after remission. Before the remission, the obligation is extinguished. Article 1220 states the remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement for his co debtors Article 1221 In solidary obligation, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors. Article 1222 Defenses available to a solidary debtor can be defenses derived from the nature of the obligation, defenses personal to, which pertain to share of, debtor sued, defenses personal to other solidary debtors. ty Atty!
Aromin, Maria Concepcion B. 1BSA-A Articles 1207-1208. There are 2 kinds of obligation which are Individual Obligation (there is only one debtor and one creditor in a contract) and Collective Obligation (there are two or more debtor and two or more creditors.) Under collective obligation, it has 2 classification which are Joint Obligation ( the whole obligation is to be paid or fulfilled proportionately by the different debtors and demanded proportionately by the different creditors. Article 1209. This article applies to joint indivisible obligation because the prestation or object is not susceptible of division, and solidarity is not provided.Article 1210. “The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.” Indivisibility means the character of a subject matter or object of a contract which does not permit its division or segregation without destroying its essence or substance. Article 1211. Under this article, even when creditors and debtors may not be bound in the same way or by the same period and conditions, solidarity may occur. Solidarity has two forms which are, Uniform (debtors are bound by the same terms and conditions or stipulations); and Non-uniform/Varied ( debtors are not subject to the same terms and conditions of payment but to different secondary stipulation or clauses.) Article 1212 stated that solidarity creditor may do any act beneficial to the others but cannot perform any act prejudicial to them.Article 1213 expressed the absence of consent given by the others hinders the creditor to assign his right to a third person.Article 1214 is all about the payment to any of the solidary creditors.Article 1215 introduces the liability of solidary creditor in case of novation, compensation, confusion or remission. Art. 1217 states that the payment made by one of solidary debtors will extinguish the obligation and if there are offer to pay by two or more solidary debtors, the creditor may choose which payment he should accept. The debtor who had the payment may claim it from his co-debtors but only their share in the debt.Article 1218 pertains to the payment of solidary debtor wherein the payment made does not entitle him the reimbursement from his co-debtors if the payment is made after the obligation becomes illegal.Article 1219 says that in case the payment has been made by anyone of the solidary debtors before the remission made by the creditor for the share that affects one of the solidary debtors does not release him from his responsibility from his co-debtors.Article 1220 states that one of the solidary debtors does not entitle him to reimbursement from his co-debtors when the remission of the whole obligation is obtained..Article 1221 states that the obligation is extinguished when the thing has been lost or the obligation has become impossible without the fault of solidary debtors. If there was fault by any one of them, all solidary debtors are liable for the price and payment of damages and interest to the creditor, without prejudice. If due to fortuitous event or delay, there are provisions to follow.Article 1222 refers to the solidary debtors’ defences derived from the nature of obligation where he can avail himself in case there are actions filed by the creditor.
Ellorda, Rishlene Jane S. 1 BSA-B ( Pamantasan ng Cabuyao) Here are my notes after watching the video: Article 1207-1208 Under this articles, there are different kind of of obligations as to number of obligee. Individual has one obligee and one obligor while in Collective Obligation, there is two or more obligee and two or more obligor. There are different kinds of collective obligations: Joint Obligations and Solidary Obligation. The basic distinction in joint and solidary obligation is that joint obligation is each debtor is propotionately liable and in solidary obligation is each one is bound to fulfill the entire obligations. In articles 1207-1208, the general is that collective obligation is presumed to joint. There are kinds of Solidarity Obligation accdg. to the parties bound. 1. Passive Solidarity- solidarity on the part of the debtor that means any of the debtor can be required to fulfill. 2. Active Solidarity- solidarity on the part of the creditor where anyone of them can demand the fulfillment of the entire obligation 3. Mixed Solidarity- solidarity on the part of debtors and creditors, where each one of the debtors is liable to render and each one of the creditors has a right to demand. In articles 1207-1208, solidarity is not presumed. The presumption, there are two or more persons in the same obligation, is that it is joint. Article 1209, it speaks of a joint indivisible obligations that means it is joint in the sense of the liability of the debtors are divided proportionately among themselves and it is in indivisible in the sense that it can be only complied all at once, it cannot be partially performed. Article 1210, it presents the dicotomy between the indivisibility and solidarity of obligations. Solidarity, it pertains to the obligations of the debtors, whether they are held liable to perform the entire obligations. Indivisibility, it pertains whether the obligations can be performed in parts or not. Article 1211, Solidary obligations is uniform when the parties are bound with the same stipulations and it is non-uniform when the parties are not subject to the same stipulations. Article 1212, solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others. Under Article 1213, a solidary creditor cannot assign his rights without the consent of others. Article 1214, the debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has benn made by one of them, payment should be made to him. Article 1215, Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of article 1219. Under Article 1216, the solidary creditor has a choice to determine against whom he will enforce the collection. It can be either; (1) Any one of the solidary debtors, (2) Some of the solidary debtors, and (3) All of the solidary debtors. Article 1217, payment made by one of the solidary debtors extinguishes the obligation. (Effect of Payment) if two or more solidary debtora offer to pay, the creditor may choose which offer to accept. The effects of payment by a solidary debtors and creditors: 1. Between the solidary debtor and creditor(s) 2. Among solidary debtors 3. Among solidary creditors Article 1218, 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. Article 1219, there are diff. effects in terms of payment before and after remission. Before remission, the obligation is extinguished. After remission, solutio indebity arises. The consenquences of remitted debtor; 1. Before remission, liable if the paying debtor paid in full 2. After remission, not liable if the paying debtor paid in full. 3. When co-debtor becomes insolvent, liable only for the co-debtor's share Article 1220, the remission of the whole obligation obtained by one of the solidary debtors, does not entitle him to reimbursment from his co-debtors. Article 1221, it talks about loss. Without fault before delay, obligation is extinguished. Due to a solidary debtor, all debtors are liable for price and damages but can be recover from the negligent debtor. Without fault after delay, all debtors are now liable for everything. Article 1222, the defenses available to a solidary debtor; 1. Defenses derived from the nature of the obligation 2. Defenses personal to, or which pertain to share of, debtor sued. 3. Defenses personal to other solidary debtors. Thank you, Attorney.
Uy, Joselle Angelu C. 1BSA-A Pamantasan ng Cabuyao Here are my key takeaways from this video: - Article 1207 talks about solidary obligation wherein each one of the debtors is bound to render and each of the creditor has a right to demand from any of the debtors. - Article 1208 talks about joint obligatkons wherein it is paid or fulfilled by the debtors proportionately. - Article 1209 deals with joint indivisible obligation. The obligation is joint because parties are proportionately liable but because the object is not physically divisible, it is called joint indivisible obligation - Article 1210 staates that solidarity does not implied when the obligation is indivisible. Since indivisibility refers to prestation while solidarity refers to the juridical tie which binds the parties. - Article 1211 states that even though the debtors and creditors are not bound in the same manner, periods or conditions, solidarity may still exist. - Article 1212, a solidary creditor may do any act that is beneficial to the others but he cannot do any act prejudicial to them. - Article 1213 state sthat a solidary creditor cannot assign his rights without the consent of others. - Article 1215. Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. - Article 1216. The creditor may proceed against anyone of the solidary debtors or some or all of them simultaneously. - Article 1217. Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. - Article 1218. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has been prescribed or becomes illegal. - Article 1219. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. - Article 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. - Article 1221. As far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors. - Article 1222. The article talks about the defenses available to a solidary debtor.
Papagayo, Monica L. 1BSA-B Good day sir, here are my takeaways about the section 4: Joint and Solidary Obligation Article 1207-1208 There are two kinds of Obligation the Individual obligation, where there are only one obligor and one obligee, while Collective Obligation has two or more obligee and obligor. Collective obligation has two kinds the joint obligation where it is demanded/ fulfilled proportionately by different debtors/creditors. In Solidary Obligation each one of the debtors/ creditors is bound/right to demand in the fulfillment/compliance of the obligation. Kinds of Solidary Obligation Passive Solidarity: many debtors, only one creditor Active Solidarity: one debtor, many creditor Mixed Solidarity: solidarity can be part of the debtors and creditors Legal Solidarity: imposed by law Conventional Solidarity: agreed upon by the parties Real obligation: imposed by nature of law. Article 1209- talks about joint indivisible obligation, this obligation constitutes as the middle ground between joint and solidary obligation. Article 1210- states that the indivisibility of the obligation does nit necessary give rise to solidarity, nor does solidarity itself imply indivisibility. Indivisibility refers to prestation while solidarity refers to juridical or legal tie that binds the parties Article 1211- states that solidarity may exist although the creditors and debtors may not be bound in the same manner, periosd and conditions. Article 1212- states that each one of the solidary creditors may do whatever may be useful to the others, but not anything that may be prejudicial to the latter. Article 1213- states that a solidary creditor cannot assign his right without the consent if the others. Article 1214- states that the debtor may pay any one of the solidary creditor, except if any demand has made by one of them, payment should be made to him. Article 1215- states that novation, compensation, confusion or remission of the debt may by any solidary creditor, solidary debtpr shall extinguish the obligation. Article 1216- Solidary creditor has the choice t determine against whom he will enforce the collection. Article 1217- states the effects of payment made by one the of the solidary debtors which extinguish the obligation Article 1218- states that is such payments is made after the obligation has prescribed, payment by a solidary debtor shall not entitle him to reimbursement from his co-debtor.
Misa, Jannah Aliah 1BSA-A Good day, Atty! Stated below are the things that I learned from your video. Art. 1207-1208 discusses about the kinds of obligation based on the number of obligee and obligor. An individual obligation consists of 1 obligee and 1 obligor while collective obligation has 2 or more obligees and obligors. Joint obligation and Solidary obligation are the kinds of collective obligation which is differentiated by the actions of the debtor and the creditor. The general rule is, collective obligation is presumed to be joint unless it is expressed by the law or by the stipulation. There are different kinds of solidary obligation according to the parties bound (Passive solidarity, Active Solidarity, and Mixed Solidarity), and according to source (Legal solidarity, Conventional solidarity, and Real solidarity). Solidarity is not presumed. Art. 1209 speaks of a joint indivisible obligation which is the liabilities of the debtors are divided proportionately among themselves (that is what makes it joint). It can be complied all at once (that what makes it indivisible) cannot be partially perfromed. Art 1210 tells us about the indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. Indivisibility is the prestation while solidarity is the juridical or legal tie that binds the parties. Art 1211. Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Art 1212. Solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others. Art 1213. A solidary creditor cannot assign his rights without the consent of the others. Art 1214. The debtor may pay any one of the solidary creditors unless there is a demand made, judicially or extrajudicially, by one of them, the payment should be made to him. Art 1215 states the liability of a solidary creditor in case of novation, compensation, remission, and confusion of the debt. Art 1216 tackles about whom the solidary creditor can choose to enforce the collection. Art 1217 speaks about the effects of payment by a solidary debtor (between the solidary debtors and creditors, among solidary debtors, and among solidary creditors.) Art 1218 states that the 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. Art 1219. It is necessary for the debtor to prove the remission to the payment to release him from responsibility towards his co-debtors to prevent fraud whereby the creditor remits the share of a particular debtor. Art 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors because the remitted debtor pays nothing to the creditor. Art 1221 talks about the rules when the object is lost and its liabilities or if the prestation has become impossible. Art 1222 provides the defenses available to a solidary debtor which are defenses derived from the nature of the obligation, defenses personal to, or which pertain to share of, debtor sued, and defenses personal to other solidary debtors. That's all. Thank you, Atty!
VINCENT N. ABELLA 1BSA-B Good day, Atty. Here are some take away of what I've learned in this video, in Article 1207-1208, the General Rule is Collective Obligation is presumed to be joint. There are kinds of Solidary Obligation, the Passive, Active, and Mixed Solidarity. And according to source, if the solidarity is imposed by law then it is called as Legal Solidarity, if agreed upon by parties, it is Conventional Solidarity, and if it is imposed by the nature of law, it is Real Obligation. Solidarity is not presumed. The presumption, there are two or more persons in the same obligation, is that it is joint. in Article 1209, speaks of a joint indivisible obligation, which it constitutes the middle ground between joint and solidary obligations. in Article 1210, it states that the indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. Indivisibility refers to the prestation, while solidarity refers to the juridical or legal tie that binds the parties. Indivisibility exist although there is only one debtor and one creditor, while in solidarity, there must be at least two debtors or two creditors. in Article 1211, it states that solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. in Article 1212, said the each one of solidary creditors may do whatever may be useful to the other, but not anything that is illegal or that will not benefit the other. in Article 1213, states that a solidary creditor cannot assign his right without the consent of the other creditors. in Article 1214, it is said that debtor may pay any solidary creditors but there is an exception, that is if any creditor demanded judicially or extra-judicially, then the debtor should pay the one who made the demand. in Article 1215, it is about the effect of novation, compensation, confusion or remission of debt made by solidary creditors or solidary debtors. The effect is that obligation is extinguished. The creditor who received the payment will be liable to the share of his co-creditors. in Article 1216, it state that the creditor may enforce the collection to any solidary debtors, some of solidary debtors, or to all solidary debtors as long as the debt has not yet been fully collected. in ARTICLE 1217, STATES THAT THE PAYMENT OF ANY OF THE SOLIDARY DEBTOR WILL EXTINGUISH THE OBLIGATION AND WILL ENTITLE THE PAYING DEBTOR TO DEMAND REIMBURSEMENT FROM HIS CO-DEBTORS. ON THE OTHER HAND, THE RECEIVING CREDITOR IS LIABLE TO HIS CO-DEBTORS FOR THER CORRESPINDING SHARES. Thank you sir!
Lopez, Rea Mae P. 1BSA-A Here are my key takeaways for this video: Article 1207-1208 talks about the difference between individual and collective obligation wherein individual obligation has only one obligee and obligor while collective obligation has two or more obligee and obligor. It also discusses the different actions of debtor and creditor in joint obligation and solidary obligation. In joint obligation, it is fulfilled proportionately by different debtors and demanded proportionately by different creditors while in solidary obligation each of the debtors is bound in the fulfillment of obligation and the creditors have a right to demand the compliance with the prestation. It also said that collective obligation is presumed to be joint. Article 1209 speaks of a joint indivisible obligation. It tells that the liabilities of debtors and rights of creditors are joint but indivisible as to compliance. Article 1210 talks about the dichotomy between indivisibility and solidarity. Indivisibility refers to the prestation of the parties and only the debtor is liable for damages. While in solidarity it refers to the juridical or legal tie that connects the parties and all of the debtor or obligor are liable for the damages. Article 1211 tells that solidarity may exist although the creditors and debtors may not be bound in the same manner, same periods and conditions. Article 1212, talks that each of the solidary creditors may act beneficial or fair to others otherwise obligation will result in extinguishment. Article 1213, said that a solidary creditor cannot assign his right without the consent of the others. Article 1214, tells that the debtor may pay any one of the solidary creditors but he must pay first or prioritize the solidary creditor who demands. Article 1215, talks about novation, compensation, confusion, or remission of debts compelled by any of the solidary creditors or debtors shall extinguish the obligation. Article 1216, tells that creditors may proceed against any of the solidary debtors. The creditor has the right to choose on whom he will enforce the collection to any solidary debtors as long as the debt has not yet been fully collected. Article 1217, states the effect of payment made by one of the solidary debtors. It said that the full payment of one of the solidary debtors will extinguish the contract but if there are two solidary debtors the creditor can choose on which payment he will collect. The solidary debtor who made the payment has the right to collect the share of his co-debtors together with interest. Article 1218, said that payment made by a solidary debtor shall not liable to the other co-debtors if the payment made by the solidary debtor is illegal. Article 1219, talks about the different effects in terms of payment before and after remission. If the payment is fulfilled before remission then the obligation is extinguished. If the payment is made after remission, then solutio indebiti will arise. Article 1220, states that the remission of the whole obligation, obtained by one of the solidary debtors does not entitle him to reimbursement from his co-debtors. The debtor has no right to reimburse the payment in case of remission. Article 1221, tells that if the object or prestation becomes impossible without the fault of the solidary debtors then the obligation is considered extinguished but if there was fault committed by any one of them, then all of them is liable for payment. If it is due to a fortuitous event and there is no delay the obligation is extinguished but if there is a delay, then all of them are still liable. Article 1222, talks about the defenses of solidary debtors. *Defenses derived from the nature of the obligation. *Defenses personal to, or which pertain to share off, debtor sued. *Defenses personal to other solidary debtors. Thank you po Attorney for this video lecture. God bless you po.
Rodas, Mary Joy B. 1BSA-B Pamantasan ng Cabuyao Thank you Atty. for the video lectures. Article 1207 and Article 1208: Collective obligation is presumed to be joint Individual Obligation has one obligee and obligor while Collective Obligation has two or more obligee and obligor Kinds of Solidary Obligation (parties bound) a. Passive Solidarity- solidarity on the part of debtor b. Active Solidarity- solidarity on the part of creditor c. Mixed Solidarity- solidarity on the part of debtor and creditor (Acc. to source) a. Legal Solidarity- imposed by law b. Conventional Solidarity- agreed by both parties c. Real Obligation- imposed by the natural law Article 1209: Joint Indivisible obligation Article 1210: Indivisible Obligation, only the debtor is liable of breach of obligation and is liable for damages. Article 1211: Uniform Solidary Obligation- parties bound with same stipulations Non-Uniform/ Varied- parties are not subject to same stipulation Article 1219: If the payment happened before remission then the obligation is extinguished If the payment happened after remission then solution indebiti arises. Article 1222: Defenses available to a solidary debtor: 1. Defenses derived from the nature of the obligation 2. Defenses personal to, or which pertain share of, debtor sued. 3. Defenses personal to other solidary debtors.
Azagra, Mark Johndave A. 1 BSA-B PNC Goodevening Atty. Here are the summary of what I've learned on this discussion. Article 1207 Explain the concurrence of two or more creditors or of 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 the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. •Kinds of Collective Obligations 1.Joint Obligation- where the whole obligation is to be paid or fulfilled proportionately by the different debtors and demanded proportionately by the different creditors. This is the presumption in all collective obligation unless solidarity is expressly stated. 2.Solidary Obligation- where each one of the debtors is bound render, and/or each creditor has the right to demand from any of the debtors, the entire compliance with the prestation. ×Passive solidarity on the part of the debtor. ×Active solidarity on the part of the creditor. ×Mixed solidarity on part of both the debtors and creditors. •According to Source -Legal Solidarity -Conventional Solidarity -Real Obligation Article 1207-1208 General Rules: Collective obligation presumed to be joint. Article 1209 Explains the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share. Article 1210 The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. •Indivisibility diatinguished from solidarity. • Indivisibility refers to prestation, while solidarity refers to the juriducal or legal tie that binds the parties. Article 1211 Explains that solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Article 1212 Explains that each one of the solidarity creditors may do whatever may be useful to the others, but not anything which may be prejudicual to the latter. Article 1213 Explains the solidary creditor cannot assign his right without consent of the others. Article 1214 Explains the debtor may pay one of the solidary creditor, but if any demand, judicial or extrajudicial, has been made by one of them, payment should made to him. Article 1215 Explain the Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. Article 1216 Explain the creditor may proceed against anyone of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. Article 1217 Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the debt is due, no interest for the intervening period may be demanded. Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. When one solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying his obligation, such share shall be borne by all his co-debtors, proportion to the debt of each. •Under Article 1217 ~Effects of payment by a solidary debtor. 1. Between the solidary debtors and creditors. 2. Among the Solidary creditors. 3. Among the solidary creditors. Article 1218 Explain the payment by a solidary debtor shall not entitle him tonreimbursement from his co-debtors if such payment is made after the obligation hasprescribed or become illegal. Article 1219 Explain the REMISSION made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility toward the co debtor, in case the debt had been totally paid by anyone of them before the remission was effected •Remission - release of a debt •Remitted Debtor Consequences. Article 1220 Explain the remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. Article 1221 Explain that if thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor. If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply. •Loss/Liability Article 1222 Explain that a solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part for which the latter are responsible. •Defenses available to a solidary debtor. Thank you Atty. And Godbless.
Castillo, Rikka Marie B. 1BSA-A PNC Chapter 3 - Different Kind of Obligation Section 4 - Solidary and Joint Obligation Article 1207-1208 Kinds of obligation 1. Individual Obligation - there is one oblige and one obligor 2. Collective Obligation - two or more obligor and two or more oblige Kinds of Collective Obligation 1. Joint Obligation - The whole obligation is proportionately divided among the number of debtors or creditors. 2. Solidary Obligation - Each one of the debtors have to comply the obligation and each of the creditor have the right to demand for the compliance of the obligation. Kinds of Solidarity Obligation 1. Passive Solidarity - Solidarity in the part of the debtor where any of the debtor can fulfill the whole obligation. 2. Active Solidarity - The solidarity is in the part of the creditor where any one of them can demand the compliance or fulfillment of the obligation. 3. Mixed solidarity - The solidarity is in both parts were any of the debtor can comply the whole obligation and any of the creditors can demand the fulfillment of the obligation. Article 1209 - This article is about joint indivisible obligation. The obligation is divided equally among the debtors and it must be complied at once. Article 1210 - Indivisibility does not give rise to solidarity and solidarity does not imply indivisibility. In indivisibility obligation, if the one of the debtors did not comply his own obligation, he is the one liable for the breach of obligation. In solidary obligation, if one of the debtors did not comply, all of the debtors will be liable for the breach of obligation. Article 1211 - Solidarity may still exist even when there are different periods or conditions. Uniform - bound by the same prestation Non-uniform or varied - not subjected by the same prestation. Article 1212 - Solidary creditor may do things that can be beneficial to the latter but no things that can be prejudicial to them. Article 1213 - The rights of a solidary creditor is not transmissible without the consent of others. Article 1214 - The debtor may pay to one solidary creditor and the obligation is extinguish except when one of the creditors demand the payment, the debtor shall pay to him. Article 1216 - The solidary creditor has the right to choose who among the debtors he will enforce the fulfillment of the obligation. It can be any one, some, or all of the solidary debtors. Article 1217 - if one of the solidary debtors pays, the obligation shall be extinguished. If two of the debtors offers to pay, the creditor can choose whose payment he’s going to accept. The one who pays the obligation can claim the payment that correspond to the share of his co-debtors with interest. If one of the solidary debtors cannot pay his share, all of the debtors will shoulder the share equally. Article 1218 - The solidary debtor cannot ask for reimbursement from his co-debtors if the payment is made past due. Article 1220 - The debtor who obtained the remission of the obligation does not have a right to ask for reimbursement from his co-debtor. Article 1221 - This article is about loss. If the thing is lost without the fault of one of the debtors, the obligation is extinguished. If the thing is lost through the fault of one of the debtors, all of the solidary debtors are liable for the payment of the lost thing, damages and interest. If the thing is lost due to a fortuitous event but one of the debtors already incurred delay, all of the debtors are liable for everything. Article 1222 - This article is about the defenses that the debtor may avail against the creditor. Thank you for the video Atty!
Navarro, Krisha Mae M. 1BSA-B Good day, Atty. Narciso. Here are some key points that I learned upon seeing this video. Article 1207-1208: I learned about the different kinds of obligation according to the number of parties which are individual and collective obligation wherein individual has only one creditor and debtor while in collective, there are two or more creditor and debtor. Also it talks about the difference between joint and solidary obligation. Joint obligation is the performance of a debtor in a joint obligation shall be separate and distinct from that of the other obligors while solidary obligation, if the whole obligation can be performed by either of the obligations. Article 1209: Talks about the joint indivisible obligation. The liabilities of the debtors are divided proportionately among themselves but it can only be complied all at once. It cannot be partially performed. Article 1210: - Presents the difference between indivisibility and solidary of obligation Solidarity - connotes the obligation of the debtors. Whether the debtor can be held liable for the entire obligation Indivisibility - this pertains as to whether the obligation can be performed in parts or not. Article 1211: Talks about There is solidarity even if there is variation in terms of the manner by which the obligation is to be performed or there can be solidarity even if the solidary debtors have different periods and conditions in the performance of their obligation. Article 1212: That means the solidary creditor may do any act provided that it is beneficial or useful to others but not act prejudicial. Article 1216: Solidary creditor has the choice to determine against whom he will enforce the collection. It is not applicable to joint obligation but only as regards to solidary obligations. Article 1217: Full payment made by one of the solidary debtors extinguishes the contract but the creditor has the right to choose which payment to accept if two or more solidary debtors offer to pay (in full). Among solidary debtors, when one of the debtor paid the debt, the paying solidary debtor can demand reimbursement from his co-debtors for their proportionate shares If one become insolvent, he shall be liable for his share. Among solidary creditors the receiving creditor is jointly liable to the others for their corresponding shares. Article 1218: PAYMENT AFTER OBLIGATION HAS PRESCRIBED OR HAS BECOME ILLEGAL. Paying debtor has no right to reimbursement. Article 1219: Talks about the effect of payment before and after the remission, and the consequences of the remitted debtor before and after the remission. Article 1220: The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co debtors. This is because the remitted debtor pays nothing to the creditor. No right to reimbursement in case of remission. Article 1221: Discusses about loss. Loss without the fault before delay extinguishes the obligation. Loss due to a solidary debtor makes all the debtors liable but can recover the negligent debtor. Article 1222: Defenses available to a solidary debtor can be defenses derived from the nature of the obligation, defenses personal to, which pertain to share of, debtor sued, defenses personal to other solidary debtors. Thank you, Atty.
Fernandez, Patricia Jainah M. 1BSA-A Good Day, Atty. I would like to thank you for uploading videos that helps us learn and get to know more the Law on Obligations and contracts that would help us for building the knowledge in the time the students you teach would face the world and become successful CPAs. Article 1207-1208: There are 2 kinds of obligations-Individual in which there is only one obligor and one obligee; Collective in which there are two or more debtors and creditors. Collective obligation has two more kinds: Joint Obligation is the less burdensome and to be paid proportionately by the different debtors while Solidary Obligation can be performed by either of the obligors. The general rule of is that collective obligation presumed to be joint. Solidarity does not necessarily imply indivisibility. There are also kinds under Solidarity Obligation-according to the parties bound:Passive, Active and mixed; according to source:Conventional, Legal and Real. Article 1209: This provision speaks of a joint indivisible obligation. It is joint because the parties are merely proportionate, liabilities of the debtors or rights of the creditors but indivisible as to compliance. Article 1210: This states that it can be performed in parts or not. Indivisibility and Solidarity has its differences from one another. Liability in an indivisible obligation can be either joint or solidary. In a solidarity obligation, the subject may be either divisible or indivisible. Article 1211: There are two kinds of solidary obligation according to the legal tie. First is the uniform-when both parties are bound by the same clauses and lastly is the varied-when parties are not subject to the same clauses. Solidarity is not effected by diverse stipulations. Article 1212: The rule is based on the theory of mutual agency among the solidary creditors. Any of the solidary creditors may do any act provided that it would be useful and beneficial for the other solidary creditors. Article 1213: A solidary creditor cannot delegate his rights to a third party in the absence of agreement. Each creditor represents the others, and the third party may lack the confidence of the original solidary creditors. Article 1214: The rule is that the debtor may pay any of the solidary creditors. However, if there is a demand, payment should be made to the one who demanded otherwise, the obligation will not be terminated. It is not also only applicable in cases of active solidary but it can be also applied to mixed solidary. Article 1215: The creditor who executed any of these acts should be liable to the others for their corresponding shares considering that such acts are prejudicial to them. Article 1216: This provision is not applicable to joint obligation. The choice is left to the solidary creditor to determine against whom he will enforce collection. Article 1217: We have to memorize this provision because it subject to some examinations. Payment made by one of the solidary debtors extinguishes the obligation. The creditor is given the right of choice to choose which offer to accept if there are two or more debtors offer to pay. Payment by one of the solidary debtors does not create a real case of subrogation. The receiving creditor is jointly liable to the others for their corresponding shares. Article 1218: Paying debtor cannot get any reimbursement. When the obligation has become illegal, it terminates. There would be no more obligation to fulfill. Article 1219: Remission is condoned by the creditor. If payment is made before, remission has no effect but when the remission is made after, solution indebiti arises. This provision secures equality and justice to the paying debtor in as much as the payment benefits his co-debtors. Article 1220: The article talks about the debtor who obtains remission pays nothing to the creditor. It only applies when the whole obligation is remitted. Article 1221: It pertains to the rules in case thing has been lost or prestation has become impossible. Without delay-the obligation is terminated, Without fault after delay-all debtors are now liable for everything and Due to a Solidary Debtor-all debtors are liable for price and damages but can be recover from the negligent debtor. Article 1222: This provision says that there are defenses available to a solidary debtor. It derives from the nature of the obligation, personal or which pertain to share, and to other solidary debtors.
Capillo, Aiberlyn C. IBSA-A (PNC) Good Day Atty! Summary of my learnings from this video are as follows: Article 1207- Introduced the Solidary obligations which means that one of the both debtors is bound to render the entire obligation and/or one of the both creditors is entitled to demand the entire compliance of the obligation. Article 1208- Discussed that Joint Obligation happens when obligation will be paid proportionately by both debtors and/or is to be demanded proportionately by both creditors. Also, when there is no specifications made in the agreement such us; who is liable, entitled to demand and bound to fulfill the obligation, the collective obligation is presumed to be joint. On the other hand, solidarity of obligation is not presumed because it is very burdensome to the part of the debtor. Article 1209- Discussed that Joint indivisible obligation happens when both debtors are proportionately liable but the subject matter is indivisible (not susceptible for partial performance) Article 1210- Determines the difference between indivisibility and solidarity. Also emphasized that indivisibility does not give rise to solidarity. Article 1211- Discussed that solidarity may still exist although the creditors and debtors are not bound in the same manner and by the same periods and conditions however, parties may stipulate that any solidary debtor already bound may be liable for entire obligation. Article 1212- Discussed that any acts of each of the solidary creditors must be useful to others and any prejudicial act done by one of the solidary creditors will extinguish the obligation and he will become liable for damages. Article 1213- Discussed that a solidary creditor cannot transfer his rights to another unless the assignee is a co-creditor, then the consent of the other solidary creditors is not necessary. Article 1214- Discussed that the solidary debtor must pay to the solidary creditor who demands(judicial/extrajudicial) for payment but if there is no demand from both creditors, the solidary debtor can pay any one of them. Article 1215- Discussed that a solidary creditor who executed any of the modes/causes of extinguishment of the obligation( Novation, Compensation, Confusion or Remission) should be liable to the others of their corresponding share because such acts are considered prejudicial to them. Article 1216- Discussed that the right to proceed against any of the solidary debtors was given to the creditor. The choice to determine against whom to enforce collection is left to the solidary creditor. Article 1217- Discussed that the payment of any of the solidary debtor will extinguish the obligation and will entitle the paying debtor to demand reimbursement from his co-debtors. On the other hand, the receiving creditor is liable to his co-creditors for their corresponding shares. Article 1218- Discussed that when the obligation has prescribed or become illegal, the obligation is extinguished which means that there is no more obligation to be complied with and the paying debtor cannot demand reimbursement from his co-debtors. Article 1219- Refers to the effects of remission of share after payment. (When payment is made first)-Remission has no effect) (When remission is made before payment)- Solutio indebiti arises Article 1220- Discussed that a solidary debtor who obtained the remission of the whole obligation is not entitled to demand reimbursement to his co-debtors. Article 1221- Refers to rules in case thing has been lost or prestation become impossible. Article 1222- Refers to defenses available to a solidary debtor; Defenses derived from the nature of obligation, defenses personal to, or which pertains to share of debtor sued and defenses personal to other solidary debtors. Thank you Atty!
Cepe, Alyanna 1 BSA-A Pamantasan ng Cabuyao Here are my takeaways in this video Art. 1207-1208 pertains to solidary and joint obligation wherein solidary obligation each one of the creditors have the right to demand and each one of the debtors have to comply with the obligation. On the other hand, it is called joint if there are two or more debtors and creditors on the same obligation and the compliance and payment will be given proportionately. Art. 1209 is about joint indivisible obligation as it is the middle ground between solidary and joint obligation. It means that the joint obligation is indivisible in a sense that the prestation of the debtor can be complied at once and it is not divided. It is also applied to creditors if the division is impossible. Art. 1210 states that if the obligation is indivisible, it does not mean it is solidary because indivisibility exists with only one debtor and creditor and the others are not liable in case one debtor is insolvent. In solidary, there are two debtors and creditors and they are proportionately liable in case of violation. Art. 1211 states the solidarity may exist even though the debtors and creditors may not be bound in the same manner, period and conditions. Art. 1212 pertains to solidary creditors wherein each one of them may do an act that is useful to others but they cannot do something that is prejudicial because it may result to the extinguishment of the obligation and can cause damages. Art. 1213 says that a solidary creditor can assign his rights if there is consent of others so if there are no consent, the solidary creditor cannot assign his rights to others. Art. 1214 states that the debtor may give payment to one of the solidary creditors. If there is a demand of payment from one of them, judicial or extrajudicial, then the debtor will pay to him. Art. 1215 means that the obligation is extinguished if there is novation, compensation, confusion or remission of the debt made by one of the solidary creditors or any of the solidary debtors. The creditor who made any of those acts or collects the debt shall be liable to others for the same share. Art. 1216 states that the creditor may go against any one of the solidary debtors or some or all of them simultaneously. Art. 1217 states that the payment made by one of solidary debtors will extinguish the obligation and if there are offer to pay by two or more solidary debtors, the creditor may choose which payment he should accept. The debtor who had the payment may claim it from his co-debtors but only their share in the debt. Art. 1218 pertains to the payment of solidary debtor wherein the payment made does not entitle him the reimbursement from his co-debtors if the payment is made after the obligation becomes illegal. Art. 1219 says that in case the payment has been made by anyone of the solidary debtors before the remission made by the creditor for the share that affects one of the solidary debtors does not release him from his responsibility from his co-debtors. Art. 1220 states that one of the solidary debtors does not entitle him to reimbursement from his co-debtors when the remission of the whole obligation is obtained. Art. 1221 states that the obligation is extinguished when the thing has been lost or the obligation has become impossible without the fault of solidary debtors. If there was fault by any one of them, all solidary debtors are liable for the price and payment of damages and interest to the creditor, without prejudice. If due to fortuitous event or delay, there are provisions to follow. Art. 1222 refers to the solidary debtors’ defences derived from the nature of obligation where he can avail himself in case there are actions filed by the creditor.
Panganiban, Descerey R. 1BSA-A Good Day Atty. These are my takeaways for Section 4. Joint and Solidary Obligations. A joint obligation is an obligation that is needed to pay or to be fulfilled proportionately by different debtors or can be demanded proportionately by different creditors. While Solidary Obligation one of the debtors is bound to render and one of the creditors has the right to demand from any of the debtors. Under articles 1207 and 1208, the concurrence of two or more creditors and debtors in the same obligation does not imply that each former has the right to demand. Under this was the individual obligation and collective obligation wherein individual obligation reflects on only one debtor and creditor while collective obligation reflects two or more debtor and creditor. Article 1209 show how joint obligation is indivisible, joint obligation is indivisible because the object is not physically divisible. Article 1210 shows the differences between indivisible and solidary. Article 1211 according to legal tie there are two kinds of solidary obligation it is uniform and non-uniform or varied. Uniform is where the parties are bound in the same stipulation while non-uniform is when parties are not subject to the same stipulation. Article 1212 shows how solidary creditor act in a useful or prejudicial to others. A solidary creditor may do any act that is beneficial to others but cannot perform any prejudicial act to them. This rule was based on the theory of mutual agency. Article 1213 presents that a solidary creditor cannot assign any rights without the consent of others. Article 1214 is applicable not only in cases of active solidarity but also where the solidarity is mixed although the debtor is employed in case of mixed solidarity the debtor upon whom no demand has been made may pay any one of the solidary creditors. Article 1215 is all about the novation, compensation, confusion, or remission of the debt that was made by the solidary creditors and how novation, compensation, confusion, or remission effect when the obligation is joint. Article 1216 this show the rights of creditor against any solidary debtor. Article 1217 in this part tackle how payment affects a solidary debtor. Article 1218 when payment is made by a solidary debtor It shall not entitle him to reimbursement from his co-debtors if the payment is made after the obligation has been prescribed. Article 1219 will be seen the effects of remission of share after payment. The purpose of this article is to forestall fraud whereby the debt having been paid, the creditor, who does not stand to suffer any loss or any damage, remits the share of a particular debtor. Article 1220 the reason for this article is that the debtor who obtains remission pays nothing to the creditor. Article 1221 is all about rules in case thing has been lost or prestation has become impossible And lastly, Article 1222 shows the defenses that are available to a solidary debtor.
Arlantico, Mary Rose C. 1 BSA- A Good day, Atty. Here is my takeaway from SECTION 4. JOINT AND SOLIDARY OBLIGATIONS after watching the video. Article 1207-1208, talks about individual and collective obligation. Individual obligation consists of one obligor and one oblige on the other hand collective obligation, there are two or more obligor and two or more oblige. There are two kinds of collective obligation (1) joint obligation and (2) solidary obligation, the basic distinction between joint and solidary obligation is in a joint obligation each debtor is proportionately liable and it is to be demanded proportionately by the different creditors. On the other hand, in a solidary obligation the fulfillment of the entire obligation is bound for each one of the debtors and each one of the creditors has a right to demand the entire compliance with the prestation or obligation. As a rule, the obligation is presumed to be joint in case of collective obligation. If the characteristics of the obligation or prestation is dubious in character and in case of doubt as to whether the obligation is joint or solidary obligation then it is presumed to be joint. There are three kinds of solidary conditions as to the parties bound: (1) passive solidarity- a solidarity on the part of the debtor where the debtor is required to pay or fulfill the obligation, there are many debtors but there’s only one creditor; (2) active solidarity- a solidarity on the part of the creditor and there is only one debtor but many creditors; (3) mixed solidarity- a solidarity on the part of both debtor and creditor. On the other hand, there are three solidary according to source: (1) legal solidarity- a solidarity which imposed by law; (2) conventional obligation- a solidarity where the parties agreed upon; (3) real obligation- a solidarity imposed by the nature of law. Under Article 1209, talks about joint indivisible obligation that constitutes the middle ground between joint and solidary obligation. It is said to be joint because the debtors’ liabilities are divided proportionately among themselves. It is said to be indivisible because it can only be complied all at once, it cannot be partially performed. Under Article 1210, talks about the dichotomy between indivisibility and solidary of obligation where indivisibility does not necessarily give rise to solidary. Solidary refers to the obligation of the debtors which can be held liable to be performed. On the other hand, divisibility or indivisibility pertains whether the obligation of the debtor can be performed in parts or not. The distinguishment of indivisibility and solidarity is, in a solidarity it connects the parties in a legal tie with at least two debtors and two creditors, when it comes to breach of the obligation all debtors are held and proportionately liable. On the other hand, indivisibility refers only to the prestation, it can exist even there is only one debtor and one creditor, when it comes to damages only the guilty debtor is held liable to the breach of obligation other debtors are not liable. Under Article 1211, solidarity may exist even there are variation of manner, and if the solidary debtor or obligor have different periods and condition in the performance of the obligation. Under Article 1212, it refers to the solidary creditors, where each one of the solidary creditors can perform acts that will benefit and be useful to others. But if a solidary creditor acts prejudicial, it can lead to a damage to others and the obligation will be extinguished. Article 1213 also pertains to solidary creditor, where he cannot perform his right to act without the consent of other. Under Article 1214, solidary debtor does not need to pay all the solidary creditor since the each of the solidary creditor can demand the performance of the obligation. However, if any of the solidary creditors will demand for the payment the solidary debtor must pay the solidary creditor. Under Article 1215, obligation will extinguish because of novation, compensation, confusion or remission of the debt made by any of the solidary creditors or with any of the solidary debtors. Under Article 1216, pertains to the choice of the solidary creditor to determine how he will collect payment from the solidary debtors. Solidary creditor can choose to collect payment to any one, some, and all of the solidary debtors. Under Article 1217, talks about the effect of payment made by one of the solidary debtors that extinguish the obligation. It can be in between the solidary debtors and creditor where payment in full is made by one of the solidary debtors that will extinguish the contract, it can also be among solidary debtors, or it can be among solidary creditors. Under Article 1218, if the payment is made after the obligation becomes illegal, solidary debtor should not entitle him the reimbursement from his co-debtors. Under Article 1219, pertains to the different effect in terms of payment it can be in before remission or after remission of debt. Remission is a condoned by the creditor when a debtor remitted the debt. Before remission of debt or payment will take effect that obligation will extinguish, on the other hand, after remission will take effect to the rise of solutio indebiti. Under Article 1220, solidary debtor who ask for remission to the solidary creditor will not entitle him to reimbursement from his co-debtors. Under Article 1221, talks about loss and the rules in case thing has been lost or prestation has become impossible. If loss is without fault before delay, the obligation is extinguished. If loss is due to a solidary debtor, all debtors will be liable for the price and damages but it can recover from the negligent debtor. And, if the loss is without fault after delay, all the debtors are liable for everything. Under Article 1222, talks about defenses available to a solidary debtor. Defenses should be: (1) derived from nature of the obligation, (2) defenses may be personal which pertains to the share of the debtor sued, and (3) personal to other solidary debtors. Thank you for making this video Attorney and God Bless po.
Mahilum, Alexis Joy B. 1BSA-A Pamantasan ng Cabuyao Good day, Attorney! Here are my key takeaways from the video lecture. Article 1207 and Article 1208 discusses about individual obligation and collective obligation, where, both obligations have one creditor and two or more debtors in an obligation. There are two kinds of collective obligation, joint obligation and solidary obligation. In joint obligation, the debtors are proportionately liable and the creditors can demand proportionately. In solidary obligation, each of the debtor is bound to render payment or fulfillment of the obligation while each of the creditors has the right to demand compliance. As a general rule, collective obligation is presumed to be joint. There are different kinds of solidary obligation. These are passive solidarity, active solidarity, mixed solidarity, legal solidarity, conventional solidarity, and real solidarity. Article 1209 discusses about the joint indivisible obligation where liabilities of the debtors divided proportionately to each other, but the rights of the creditors to demand compliance should be performed all at once. Article 1210 discusses about the distinguishment between solidarity and indivisibility wherein solidarity refers to the obligation of the debtor while indivisibility refers to whether the performance of the obligation can be divided or not. According to Article 1211, solidarity may exist even if there is a different periods and conditions in the performance of the solidarity debtors. According to Article 1212, a prejudicial act can extinguish an obligation, thus, a solidary creditor may act beneficial to others but may not act prejudicial to others. Article 1213 states about the assignment of rights of solidary creditor and the consent of the others in the assignment of the rights. According to Article 1214, the debtor may pay anyone of the solidary creditor, but if a demand is made, the debtor should pay the solidary creditor who makes the demand. According to Article 1215, the obligation shall be extinguished if any of the solidary creditor or if any of the solidary debtor made a novation, compensation, confusion, or remission of the debt. The solidary creditors who made the act shall be liable to the corresponding shares of the other solidary creditors in the obligation. Article 1216 discusses about the choice of the solidary creditor to whom he will enforce the collection which can be anyone of the solidary debtors, some of the solidary debtors, or all of the solidary debtors. Article 1217 discusses the effect of payment of solidary debtor. The obligation is extinguished if one of the solidary debtors made the payment, however, if two or more solidary debtor offers to pay, the creditor has the right to choose which payment to accept. The solidary debtor may reimburse from his co-debtors what he has paid, but only the share that corresponds to each, with an interest for the payment already made. According to Article 1218, the payment by a solidary debtor shall not be reimburse from his co-debtors if the payment is made after prescription or become illegal. According to Article 1219, the effect of payment before remission is extinguishment of obligation, while, the effect of payment before remission is solutio indebiti. Before remission, the remitted debtor is liable, but if after remission, the remitted debtor is not liable. If a co-debtor becomes insolvent, the remitted debtor is only liable for that co-debtor’s shares. According to Article 1220, one of the solidary debtors cannot reimburse from his co-debtors the remission of the whole obligation he had obtained. According to Article 1221, the obligation is extinguished if the loss or the impossibility is without the fault of the solidary debtors and before delay. All solidary debtors shall be liable for damages if there was fault on the part of any of the solidary debtor. All debtors are now liable for everything if the loss or impossibility is with the fault of the debtor and after delay. Article 1222 discusses about the defenses available to a solidary debtor which are defenses derived from the nature of the obligation, defenses personal to debtor sued, and defenses personal to other solidary debtors.
Kian John Ace Turico 1BSA-A Pamantasan ng Cabuyao Good Day, Atty., Here are my key takeaways from your video lecture. Section 4: Joint and Solidary Obligtions Article 1207 said that if there are two or more debtors or creditors, it does not necessarily mean that each debtor is bound to render or each creditor has a right to demand. Solidary liability only arises when expressly so or law requires it. Article 1208 stated that debtors and creditor is presumed to divide equal shares unless provided by the stipulation the amount they share. Under the above articles, we have individual obligation where there is only one obligee and one obligor while in collective obligation, there are two or more obligee and two or more obligor. The collective obligation consist of Joint and Solidary obligation. The difference between the two is that, in Joint Obligations, obligation is fulfilled or paid proportionately by all the debtors and the action of creditor is to demand debtors separately. Unlike in Solidary Obligation where the fulfillment of one debtor extinguishes the obligation or the creditor may demand to one debtor who will shoulder the whole obligation. The general rule is presumed to be joint obligation unless expressly provided by the obligation. There kinds of solidary obligations 1. According to parties bound 1.1 Passive Solidarity- many debtors, one creditor 1.2 Active Solidarity- one debtor, many creditors 1.3 Mixed Solidarity- solidarity in both debtors and creditors 2. According to source 2.1 Legal Solidarity- imposed by law 2.2 Conventional Solidarity- agreed upon by parties 2.3 Real Obligation- imposed by nature of law Article 1209 speaks about joint indivisible obligation. It is said that an object is indivisible when it cannot be physically divided into parts. The liability debtors and rights of creditor is joint but the indivisible as to compliance Article 1210 said that the indivisibility of an obligation does not necessarily give rise to solidarity nor solidarity imply indivisibility. Indivisibility may either joint or solidary and solidary obligation may either divisible or indivisible. This provision also provides distinction to indivisibility and solidarity wherein in indivisibility only guilty debtor is liable fore breach unlike in solidary where all debtors became liable. Article 1211 said the solidarity may exist even debtors and creditors are not bound to same manner or same periods and conditions. Article 1212 said the each one of solidary creditors may do whatever may be useful to the other, but not anything that is illegal or that will not benefit the other. Article 1213 said that a solidary creditor cannot assign his right without the consent of the other creditors Article 1214. The general rule is that debtor may pay any solidary creditors but there is an exception, that is if any creditor demanded judicially or extra-judicially, then the debtor should pay the one who made the demand. Article 1215 speaks about the effect of novation, compensation, confusion or remission of debt made by solidary creditors or solidary debtors. The effect is that obligation is extinguished. The creditor who received the payment will be liable to the share of his co-creditors. Article 1216 speaks about the right of creditor to proceed against any solidary debtor. Creditor may enforce the collection to any solidary debtors, some of solidary debtors, or to all solidary debtors as long as the debt has not yet been fully collected Article 1217 speaks about the effect of payment of solidary debtor. It is said that if two solidary debtors offer payment, creditor may choose which offer to accept. Thus, the one who made the payment have the right to reimburse the share of his co-debtors together with interest. If payment is made before the due, no interest may be demanded. Full payment made by solidary debtor to solidary creditor extinguishes the obligation. If one debtor become insolvent, co-debtors will shoulder the payment of insolvent debtor. Article 1218 said that if payment of the solidary debtor is illegal, then the other debtors is not liable for the payment of their share. Article 1219 speaks about the effect of remission of share after the payment. It is said that if payment is made before the remission, then there is no more obligation to remit. But if payment is made after the remission, then the principle of solutio indebiti arises. This provision secured equality and justice to paying debtor. Debtor should prove the remission to released him from responsibility towards the co-debtors. Article 1220 said that the debtor has no right to reimburse payment even he is the only one who is exempted to the obligation. Article 1221 speaks about the rules in case thing has been lost or prestation has become impossible to perform. 1. Loss is without the fault of debtor and before delay- obligation is extinguished 2. Loss is due to debtor’s fault- all debtors are responsible for the damages and payment but the other debtors had a right to reimburse to the debtor who causes the loss of the thing 3. Loss without debtor’s fault and after delay- debtors are liable for everything Article 1222 speaks about the defenses available for solidary creditor. 1. Defenses derived from nature obligation 2. Defenses personal to, or which pertain to share of debtor sued 3. Defenses personal to other solidary debtors Thank you so much Atty. for this video lecture, it enlightens me about the JOINT and SOLIDARY OBLIGATIONS.
Olaivar, Jayvee D. 1 BSA-A Pamantasan ng Cabuyao Section 4: Solidary and Joint Obligations (Article 1207-1222) This section talks about individual and collective obligation. Individual obligation consists of one obligor and one oblige on the other hand collective obligation, there are two or more obligor and two or more oblige. There are two kinds of collective obligation (1) joint obligation and (2) solidary obligation, the basic distinction between joint and solidary obligation is in a joint obligation each debtor is proportionately liable and it is to be demanded proportionately by the different creditors. On the other hand, in a solidary obligation the fulfillment of the entire obligation is bound for each one of the debtors and each one of the creditors has a right to demand the entire compliance with the prestation or obligation. As a rule, the obligation is presumed to be joint in case of collective obligation. If the characteristics of the obligation or prestation is dubious in character and in case of doubt as to whether the obligation is joint or solidary obligation then it is presumed to be joint. There are three kinds of solidary conditions as to the parties bound: (1) passive solidarity- a solidarity on the part of the debtor where the debtor is required to pay or fulfill the obligation, there are many debtors but there’s only one creditor; (2) active solidarity- a solidarity on the part of the creditor and there is only one debtor but many creditors; (3) mixed solidarity- a solidarity on the part of both debtor and creditor. On the other hand, there are three solidary according to source: (1) legal solidarity- a solidarity which imposed by law; (2) conventional obligation- a solidarity where the parties agreed upon; (3) real obligation- a solidarity imposed by the nature of law. * Article 1209 speaks about joint indivisible obligation. It is said that an object is indivisible when it cannot be physically divided into parts. The liability debtors and rights of creditor is joint but the indivisible as to compliance * Article 1210 said that the indivisibility of an obligation does not necessarily give rise to solidarity nor solidarity imply indivisibility. Indivisibility may either joint or solidary and solidary obligation may either divisible or indivisible. This provision also provides distinction to indivisibility and solidarity wherein in indivisibility only guilty debtor is liable fore breach unlike in solidary where all debtors became liable. * Article 1211 said the solidarity may exist even debtors and creditors are not bound to same manner or same periods and conditions. * Article 1212 said the each one of solidary creditors may do whatever may be useful to the other, but not anything that is illegal or that will not benefit the other. * Article 1213 said that a solidary creditor cannot assign his right without the consent of the other creditors * Article 1214. The general rule is that debtor may pay any solidary creditors but there is an exception, that is if any creditor demanded judicially or extra-judicially, then the debtor should pay the one who made the demand. * Article 1215 speaks about the effect of novation, compensation, confusion or remission of debt made by solidary creditors or solidary debtors. The effect is that obligation is extinguished. The creditor who received the payment will be liable to the share of his co-creditors. * Article 1216 speaks about the right of creditor to proceed against any solidary debtor. Creditor may enforce the collection to any solidary debtors, some of solidary debtors, or to all solidary debtors as long as the debt has not yet been fully collected * Article 1217 speaks about the effect of payment of solidary debtor. It is said that if two solidary debtors offer payment, creditor may choose which offer to accept. Thus, the one who made the payment have the right to reimburse the share of his co-debtors together with interest. If payment is made before the due, no interest may be demanded. Full payment made by solidary debtor to solidary creditor extinguishes the obligation. If one debtor become insolvent, co-debtors will shoulder the payment of insolvent debtor. * Article 1218 said that if payment of the solidary debtor is illegal, then the other debtors is not liable for the payment of their share. * Article 1219 speaks about the effect of remission of share after the payment. It is said that if payment is made before the remission, then there is no more obligation to remit. But if payment is made after the remission, then the principle of solutio indebiti arises. This provision secured equality and justice to paying debtor. Debtor should prove the remission to released him from responsibility towards the co-debtors. * Article 1220 - If the solidary debtor goes to the solidary creditors and asks for the remission of the debt for the condemnation of the debt since there is no payment, the solidary debtor is not entitled for reimbursement from his co-debtors, otherwise, it will amount to unjust enrichment because there was no payment made only remission of the debt. This is because the remitted debtor pays nothing to the creditor. * Article 1221 talks about loss. Even if the thing is lost but the obligor has already incurred delay, the obligation is not extinguished. In case of loss without the fault of the debtor and before delay then the obligation is extinguished (these two must concur). * Article 1222 - The rule here is that you can set up the defenses pertaining to yourself or to the other solidary debtors. Thanks you po Sir!
Pamplona, Maynalyn Y. 1BSA-A Pamantasan ng Cabuyao Section 4: Solidary and Joint Obligations (Article 1207-1222) Article 1207-1208 - There are different kinds of obligations as to the number of the obligee or the obligor. It is called an individual obligation if there is only one obligee same as one obligor. Meanwhile, if there are two or more obligees or obligors, then it is called collective obligation. Additionally, there are two kinds of collective obligation. In terms of actions of the obligor to obligation, in a joint obligation, each debtor is proportionately liable. On the other hand, in a solidary obligation, each one of the debtors is bound to fulfill the obligation. In an action of the creditor to the obligation, for the joint obligation, it is demandable proportionately by different creditors. On the other hand, each one of the creditors has the right to demand entire compliance of the obligation in the solidary obligation. There are different kinds of solidarity obligations according to the parties bound namely, passive, active, and mixed. Also, there are different kinds of solidary obligations according to the source which is legal, conventional, and real obligation. Article 1209 - talks about the joint indivisible obligation. It is joint in the sense that the liabilities of the debtors are divided proportionately but it is indivisible in the sense that it can only comply at all once. Article 1210 - means that the liability in an indivisible obligation may be either joint or solidary. In solidary obligation, the subject matter may be divisible or indivisible. Article 1211 - There is solidarity even the creditors and debtors may not bound in the same manner and by the same periods and conditions. Article 1212 - Solidary creditors may act beneficial to others but act prejudicial because it can result in the extinguishment of the obligation but can cause damages to others. Article 1213 - A solidary creditor cannot assign his right without the consent of the others. Article 1214 - The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial has been made by one of them, payment should be made to him. Article 1215 - talks about the effect of novation, compensation, confusion on remission of debt by solidary creditors or solidary debtors. The obligation is extinguished. Article 1216 - talks about the right of the creditor to demand in any solidary debtor. The creditor may proceed against any one of the solidary debtors, or some, or all of them as lo9ng as the debt is not been fully collected. Article 1217 - It speaks about the effect of payment. If two solidary debtors offer payment, the creditor has the right to choose which offer to accept. Hence, the paying solidary debtor has the right to reimburse the share of the co-debtor with interest. Meanwhile, if the payment is made before due. then there is no interest. If one of the debtors becomes insolvent, the co-debtor will shoulder the payment of the insolvent debtor. Article 1218 - The other debtor is not liable for the p[ayment of their share if the solidary debtor made payment illegal. Article 1219 - If the payment is made before remission, the obligation is extinguished. On the other hand, if the payment is made after remission, the solutio indebiti arises. Debtors must prove the remission to released from responsibility towards co-debtors. Article 1220 - If the solidary debtor asks the solidary creditor for the remission of the debt since there is no payment made then the solidary debtor is not entitled to the reimbursement of his co-debtor, otherwise, it will amount to unjust enrichment. This is because the remitted debtor pays nothing to the creditor. Article 1221 - If the thing has been lost without the fault of the solidary debtor, the obligation extinguished. But if there was a fault of any of them, all shall be responsible to the creditor. Article 1222 - The rule is you can set up the defenses pertaining to yourself or to the other solidary debtors. Thank you, sir!
Evangelista, Shane G. 1BSA-A Here are some of my takeaways from this video lecture. Section 4: Joint and Solidary Obligations art 1207-1222. This section talks about the kind of obligation according to the number of parties. -Individual obligation- there's only one creditor and one debtor in a contract. -Collective Obligation- there are two or more creditors and two or more debtors. Joint obligation is where the whole obligation is to be fulfilled proportionately by different debtors and as well as demanded proportionately by different creditors, while the solidary obligation is where each one of the debtor is bound to render or each creditor has right to demand from any of the debtors the whole compliance of the obligation.
Ericka Jane G. Baal 1BSA-A PnC Good Day Atty. This is the summary of my learnings after I watched your video entitled, Joint and Solidarity Obligation. Article 1207 discuss about Kinds of Collective Obligation that includes Joint Obligation and Solidarity Obligation. Article 1208 defines solidarity and joint Obligation. Article 1209 refers to joint indivisible Obligations since the service (prestations) or object are cannot be divided and Solidarity is not provided. Article 1210 Talks about the difference between Indivisibility and Solidarity. Indivisibility refers to prestations while solidarity refers to juridical tie that binds the party. If it is indivisible obligation and there's a breach of Obligation, only the debtorwho are guilty is the one that is liable for the damages while if it is Solidarity Obligation, the debtor together with his solidary debtors are liable to pay for the damages. Article 1211 discuss about Solidarity, that it may exist even though the solidary debtors' obligations are performed under different terms and conditions. Article 1212- each one of the solidary creditors is free to do whatever is beneficial to the others, but not anything which maybe prejudicial to the latter that may affect the Obligation that may cause damages. It is stated in Article 1213 that it is illegal for a solidary creditor to grant his rights without the permission of the other creditors. Article 1214 states that the Debtor may pay any one of solidary creditors; however, if one of them has made a judicial or extrajudicial demand, payment should be made to him Article 1215 Any creditor who commit any of these actions(Novation, Compensation, confusion, or remission of the debt) or receives the debt is liable to others for the same proportion of the debt. If one of them did any of those actions, then the Obligation extinguish. Article 1216 As long as the debt has not been completely collected, the demand against one of them would not be an hindrance to those made against the other latter which make the creditor to have an option pursuing any or all of the solidary debtors at the same time. Article 1217 talks about the payment made by any of the solidary debtors extinguishes the Obligation. And also the effect of payment made by a (1) solidary debtors between solidary debtors and creditor,(2)among solidary debtors, and (3) among solidary creditors. Article 1218 tells that a solidary debtors' payment would not entitled him from any reimbursement from his co-debtors if it is paid after the obligation become unlawful. Article 1219 If payment is made before the remission,not has no effect; however, if payment is made after the remission, solution Indebiti may occur. And it talks about the remission where it was condoned by the Creditor. Article 1220 One of the solidary debtors' remission of its whole Obligation would not entitled him to reimbursement from his co-debtors. Article 1221 Refers to rules in case thing has been lost or prestation become impossible Article 1222 provide the defenses available to a solidary debtor. Thank you Atty.
Pedrigosa, Patricia Jhoana R. 1BSA-B Good day atty. These are some takeaways I have learned from this video: Article 1207-1208 talks about The different kinds of obligation as to number of obligee. °In an Individual Obligation there is only one obligee and obligor °On the other hand, Collective Obligation has two or more obligee and obligor Kinds of Collective Obligation: 1) Joint Obligation °Paid or fulfilled proportionately by the different debtor °Is to be demanded proportionately by different creditors 2) Solidary Obligation °Each one of the debtor is bound to render payment or fulfillment of the obligation °Each one of the creditors has a right to demand entire compliance with the prestation General Rule: Collective obligation is presumed to be joint. Kinds of Solidary Obligation I. According to the parties bound: a. Passive Solidarity- (Debtor) Any debtor can pay or fulfill the obligation. (Many debtors, only one creditor) b. Active Solidarity- (Creditor) Anyone of the creditor demand the fulfillment of the entire obligation (one debtor, many credtord) c. Mixed Solidarity- (both creditors and debtors) each of the debtor is liable to render and each of the creditors has a right to demand II. According to source: a. Legal solidarity - imposed by law b. Conventional Solidarity- agreed upon by the parties c. Real Obligation- imposed by the nature of law General Rule: Solidarity not presumed Article 1209 speaks of joint Indivisible Obligation. °Liabilties of the debtors are divided proportionately among themselves but indivisible since it can only be complied all at once. It cannot be partially performed. Article 1210 states that the indivisibility of an oblugation does nit necessarily give rise to solidarity, nor does solidarity of itself imply indivisibility. °Indivisbility referd to the prestattion while solidarity refers to the judirical or legal tie that binds the parties. °Indivisbility can exist althoug there is only one debtor and creditor while the solidarity must have atleast two debtors and two creditors. °In indivisible obligation, others are not liable incase of insolvency of the debtor but in solidary obligations, others are proportionately liable. Article 1211 says that in an uniform sodilarity obligation, is not affected by diverse stipulations or parties bound with same stipualtions while in a non-uniform or varied solidarity obligation, parties are not subjecg to same stipulations. Article 1212 tells that solidary creditor may act beneficial to others but not act prejudicial becaues it can result to extinguishment of the obligation but can cause damages to others. Article 1213 says a solidary creditor cannot assign his rights without consent of the others. Article 1214 states that the debtor may pay any one of the solidary creditors but if any demand, judicial or extrajudicial has been made by one of ghem, payment should be made to him. Article 1215 also states that novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of article 1219. Article 1216 provides the choice of the solidary creditor against whom hebwill enforce the collection that either; 1. Any one of the solidary debtors 2. Some of the solidary debtors 3. All of the solidary debtors As long as the debt has not been fully collected Article 1217 refers to the effects of payments by one of the solidary debtors which extinguishes the obligation. Articles 1218 says that if such payment is made after the obligation has prescribed or become illegal, payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors. Article 1219 gives the different effects in terms of payment before and after remission of debt. °Effect of payment before remisson, obligation is extinguished. °But if payment is made after the debt has been remitted, solution indebiti arises. Article 1220 tells that if the solidary debtor goesnto the solidary creditor and ask for revision of the debt but since there is no payment, the solidary debtor is not entitled for the reimbursement from his co-debtors otherwise it will amount to unjust enrichment. Article 1221 talks about loss ° Incase of loss without fault before delay, then the obligation is extinguished. °If loss is due to a solidary debtor, all debtors are liable for price and damages. °And if loss is without fault after delay, all debtors are now liable for damages Article 1222 provides the defenses available to a solidary debtor, which are: 1. Defenses derived from the nature of the obligation 2. Defenses personal to, or which pertain to share of, debtor sued 3. Defenses personal to other solidary debtors Thank you atty. :)
Marjes, Kimberly Yrah R. 1BSA-B Good day Atty. Thank you for making it clear to us that individual obligation has only one obligee and obligor while the collective one is consist of two or more for both. And if the collective obligation is dubious in character, then it is presumed joint. Moreover, the video lecture also help us understand the difference between joint and solidary as the kind of collective obligation. Wherein the basic distinction between the two is that, in a joint obligation, each debtors are proportionately liable and it is to be demanded proportionately by each creditors. On the other hand, in a solidary obligation each one of the debtor is bound to fulfill the entire obligation and each one of the creditors has a right to demand the entire compliance. In Article 1209, which speaks of a joint indivisible obligation wherein prestation can not be performed partially while having each debtors liable proportionately. On the other hand, in 1210, connotes that the liability in an indivisible obligation may either be joint or solidary and the subject matter of solidary obligation may be divisible or indivisible. I've also learned that in case of non-compliance, in indivisible obligation, only the guilty debtor is liable. However, in the non compliance of one solidary debtors in solidary obligation, all of the debtors are held liable for breach as their solidarity remains among them. Article 1211 impose that there is solidarity even if the solidary debtors have different periods and conditions. Article 1212 however states that, solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment but can cause damages to others. The video also help us clearly understand the effect of payment by a solidary debtor under 1217 wherein the full payment of one solidary debtors extinguishes the contract but the creditor has the right to choose which payment to accept id two or more debtors offer to pay. While among solidary debtors, the paying solidary debtors can demand reimbursement from his co-debtors after the full payment of the debt. Thus, among solidary creditor, the receiving creditor is jointly liable to the others for their corresponding shares. Under 1219, there are different effects in terms of payment before and after remission, wherein the payment before remission of debt extinguishes the obligation while payment after the debt have been remitted results to solutio indebiti. The consequence of remitted debtor before remission makes him liable if the paying debtor paid in full. On the other hand, after remission, then he is not liable even the debt is paid in full. However, when a co-debtor becomes insolvent, he is liable only for the co-debtor's share. Article 1221 talks about loss wherein the loss of thing without fault before delay extinguishes the obligation. However if the loss is also free from fault but occurred after delay, all debtors are still liable for everything. and if the loss is due to the fault of solidary debtor, all debtors are also liable for the price and damages but they can recover from the negligent debtor. Article 1222 discusses defenses available to a solidary debtor having the defenses derived from the nature of the obligation as the first one, followed by defenses personal to, or which pertain to share of, debtor used and defenses personal to other solidary debtors. Wherein the rule is that creditor can set up defenses pertaining to themselves. Thankyou again for this helpful video lecture Atty. Stay safe and God bless.
Camposano, Ayumi H. 1 BSA B Good day, Sir! Here are my key take aways after watching the video. •Article 1207-1208 -In this article it consists of Kinds of Obligations (Individual Obligation ; Collective Obligation. - It also states the Kinds of Collective Obligation and its distinction which is: Joint Obligation- the debtor is proportionately liable. On the other hand, the Solidary Obligation, each one of the debtor is bound to fulfill the whole obligations. -General rule of this article is that the Collective Obligation is presumed to be joint. •Article 1209 -In this article, it is about the Joint Indivisible Obligation wherein it is joint in a sense that a liability of the debtors are proportionately divided among themselves. However, it is indivisible in the sense that it can only be considered all at once and cannot be partially performed. •Article 1210 -Solidary pertains to the obligation of the debtors. -Indivisibility/Divisibility pertains if the obligation is able to perform in parts or not. - Indivisibility can exits although there is only one debtor and one creditor, however in Solidary, there must be at least 2 debtors or two creditors. •Article 1211 -This article states that there is still a solidary even if there are variations in terms of the manner by which the obligation is to be performed. Even if there are different period and conditions there are solidary. •Article 1212 -Solidary creditor may act beneficial to others but not act prejudicial due to the fact that it can result to the extinguishment of an obligation. •Article 1214 - This article states that if you are a solidary debtor you can pay to any of the solidary creditor, the entire obligation can pay all at once. Exceptionally, if one of them is on demand. •Article 1216 - This article states that the Solidary Creditor has a right to choose against whom he will enforce the collection and it can be either: Any one of the solidary debtors, Some of the solidary debtors, All of the solidary debtors. •Article 1221 - This article talks about Loss -When the loss occur without the fault of the debtor and if there was a delay then the obligation will not be extinguished. •Article 1222 - The general rule of this article states that you can freely set up the defenses pertaining to yourself, or to the other solidary debtors.
Azada, Leonardo Daniel T. 1BSA-A PnC Good day, Atty. Here are my key takeaways from this video lecture: Article 1207-1208: The general rule is, the collective obligation is presumed to be joint. Kinds of solidary obligation according to the parties bound are passive solidarity, active solidarity, and mixed solidarity while according to source are the legal solidarity, conventional solidarity, and real obligation. Article 1209: This article speaks of a joint indivisible obligation. It is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance. Article 1210: An indivisible obligation is one where the prestation or object cannot be performed by parts without altering the essence or substance. This article states that a division of obligation does not equate to the rise of an equal degree of obligation for both the creditor and the debtor and vice versa. Article 1211: Solidary obligation could be uniform which means that parties bound with the same stipulation, and non uniform when parties are not subject to same stipulations. Article 1212: Solidary creditors may do whatever may be beneficial to the others, but not anything especially when it will cause damages. Article 1213: A solidary creditors needs a consent when assigning his/her own rights. Article 1214: The rule that demand by a solidary creditor limits the right of the debtor to choose the creditor whom he will pay, and requires him to pay the suing creditor. Article 1215: An act of novation, compensation, confusion or remission of the debt may extinguish the obligation, without prejudice to the provisions of article 1219. Article 1216: This article states that creditor has the choice to determine against whom he will enforce the collection. Article 1217: This article tackles about the effect of payment by a solidary debtor, it could be between the solidary debtors and creditor(s), among solidary debtors, and among solidary creditors. Article 1218: The payment of a solidary debtor does not give him the right for reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal. Article 1219: When payment before remission, the obligation is extinguished, and if payment after remission, then solutio indebiti arises. Article 1220: This article applies only when the remission covers the whole or entire obligation and the remission is obtained by one of the solidary debtors without spending anything for its grant. Article 1221: In this article obligation is extinguished when the loss is without fault before delay. If due to a solidary debtor, then all debtors are liable for price and damages. If the loss is without fault after a delay, it means that the debtors are liable for everything. Article 1222: This article talks about the defenses available to a solidary debtor. These defenses are from the nature of obligation, the share of debtor sued, and defenses that are personal to other solidary debtors.
Cayabyab, Syra Ellaine B. 1 BSA - B Good day, sir! Here are some of my takeaways from this helpful video lecture. Under Article 1207 - 1208, discussed that Joint and Solidary Obligation is a type of collective obligation. In a joint obligation, the same is separate or will be paid and fulfilled by the debtors proportionately. Each debtor is proportionately liable making the creditors demand proportionately to them. Meanwhile, a solidary obligation, the same will be solid for the debtors. Meaning anyone of them can pay the obligation fully. In the same way, the creditors can demand full payment or fulfillment in any one of them. In addition, it is generally understood that collective obligations are presumed to be joint. On the other hand, we have different kinds of Solidary Obligation. These are as follows: • Passive Solidarity - solidarity on part of debtor (many debtor one creditor) • Active Solidarity - solidarity on part of creditor (one debtor many creditor) • Mixed Solidarity - solidarity on the part of debtors and creditors (entire compliance with the obligation) Moving forward, Article 1209 speaks of joint indivisible obligation. Joint for the liabilities and rights of debtors and creditors and indivisible as to compliance. This is the middle ground between a joint and solidary obligation. Furthermore, Article 1210 distinguished indivisibility from solidarity. Below is the summary of it: • Indivisibility refers to the prestation while solidarity refers to the juridical tie. • If a debtor is guilty of breach... > in Indivisible Obligation: only the debtor guilty of breach is liable. > in Solidary Obligation: all the debtors are liable for breach • Indivisibility - can exist with one debtor and creditor. Solidarity - two debtors and creditors. • In cas of insolvency... > Indivisibility: others are not liable. > Solidarity: all are liable. Then, Article 1211discusses that solidarity may exist although the creditors and debtors may not be bound in the same manner and by the same periods and conditions. Similarly, under Article 1212, solidary creditors may do anything beneficial to the others but not prejudicial to them. Also, Article 1213 explains that solidary creditors cannot assign his rights without the consent of others. Article 1214, if one of the solidary creditors made a demand, payment then must be given to him. Article 1219 presents the following: • Remission means condone. • If the payment is done before the remission, the obligation is extinguished. If after remission, solutio indebiti arises. Lastly, it is stated that the fault or delay of one of the debtors is fault or delay of the others, under Article 1221. Thank you so much, atty! This really helped.
Padayao, Louisa Marie O. 1BSA-B Good day, Sir! Through this video lecture, I've generally learned the distinctions and rules between joint and solidary obligations. These are two kinds of collective obligation in which this obligation is pressumed to be joint. I've learned that in a joint obligation in the actions of the debtor, the payment or fulfillment of the obligation is done proportionately by the different debtors. Whereas in a solidary condition, each one of the debtors is bound to render payment or fulfillment of the obligation. A joint obligation, however, in the actions of the creditor, is to be demanded proportionately by different creditors. While in a solidary obligation, each one of the creditors has a right to demand for the entire compliance with the prestation. The way these distinctions are presented in a table has made it easier for me to better understand these topics. Also at the other parts of the lecture where summarizations and tables where shown had also made the discussion simpler and direct. Joint indivisible obligations is one of the topic that is confusing for me. However, through this video lecture, I've understood that it is just a combination of a joint obligation- joint as to the liabilities of the debtors or the rights of the creditors- and an indivisible obligation as to its compliance. Another learning I've got is about the effects when payment is done before and after remission. I thought that remission is also same as the term rescission which means cancellation. They are somehow similar, but remission, as defined from this lecture, means that the payment for the obligation is condemned by the creditor. If payment occured before the creditor's remission, the obligation is extinguished. On the other hand, the principle of solutio indebiti would arise if the payment was done after remission. These lessons and the succeeding discussions were also presented in tables, making it more convenient to understand. In the case of the remitted debtor, consequences become existent depending on when the remission is done. If its before remission, the remitted debtor is liable if the paying debtor paid in full. If it happens after remission, he is not liable in the same condition. And when a co-debtor of the remitted debtor becomes insolvent, he becomes liable only for the co-debtor's share. In the case of when the object of the obligation has been lost or the obligation itself had become impossible to be fulfilled, the liabilities of the debtors depend on how the loss had occured. If the object has been lost or the obligation had become impossible without any of the debtors' fault before delay, the obligation is extinguished. It it occurs due to one of the solidary debtor's fault, all debtors become liable for the price and damages, but they can recover from the negligent debtor. However, if it happens without the debtors' fault but is after delay, then all debtors also become liable but with everything. The video lecture is indeed helpful as an extension of learning reference for this course. Additionally, the use of tables and how the long discussions had been presented in summary makes it convenient, especially for us students, to easily understand complicated topics. Thank you so much again, Sir for this video lecture.
Jerwin Pagela | 1BSA-A Article 1207 & 1208 - Collective obligation are presumed to be joint. Joint - obligation is divided proportionately to the each of debtors Solidary - obligation is not divided for each debtors 1209 - if division is impossible; it is tue middle ground between a joint obligation and solidary obligation. 1210 - indivisibility is not equal to solidarity and vice versa. 1211 - solidarity is present even though the debtors bound in different manners and time. 1212 - solidary creditor may at beneficial but not prejudicial. 1213 - solidary creditor cannot assign his rights without consent of others 1214 - the debtor may pay any one of the solidary creditor 1215 - novation compensation and confusion is equal to extinguishment of obligation 1216 - solidary debtors has the choice who he wants to have the obligation 1217 - once the debtor paid it extinguishes the obligation . If the debtors offer to pay, the creditor may choose which offer to accept 1218 - a debtor is no longer involved or responsible to what will happen after he paid or than the obligation 1219 - payment of one solidary debtor doesn't mean the release of other debtors. A remitted that door is liable for an insolvent co-debtor. 1220 - debtor doesn't mean their imbursement from his co-debtor. 1221 - prestation is impossible without the fault of debtor, the obligation is extinguished. All letters are at fault, all is responsible. 1222 - defenses of a solidary debtor
Nofies, Gretchen M. 1BSA-A (PNC) Good Day Atty! Summary of my learnings from this video are as follows: Article 1207-1208-This articles talks about the two kinds of obligation: individual obligation where it has one oblige and one obligor and collective obligation whereas it has two or more oblige and obligor. Article 1209- Talks about joint indivisible obligation. It is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance. Article 1210- Pertains to the indivisibility distinguished from solidarity whereas indivisibility refers to the prestation while the solidarity refers to the juridical or legal tie. Article 1211- States that solidarity is existing even though the creditors and debtors are not bound to each other in terms of the manner and by the periods and conditions. Article 1212- This article states that the solidarity creditor may act beneficial to the others but it cannot preductal because it can result to extinguishment of the obligation. Article 1216- Talks about the solidary creditor wherein he/she has a will to choose to whom he/she will enforce the collection. It can be to anyone of the solidary debtors, to some of the solidary debtors or to all of the solidary debtors as long as it is not fully collected. Article 1219- About that there are different effects in terms of payment before and after remission. Article1221 - Pertains to loss. -If the loss occurs without fault before delay, then the obligation is extinguished. -If the loss occurs due to solidary debtor, then all the debtors are liable for price and damages but can recover from negligent debtor.
Gento, Janella Ann M. 1 BSA-B Pamantasan ng Cabuyao Here are my takeaways from this lecture. I have learned the Kinds of Obligations according to the number of parties which are the Individual Obligation and Collective Obligation which the former is consist of only one (1) obligor and one (1) oblige and the latter is - there are two or more debtors and/or two or more creditors. I have learned the different kinds of Collective Obligation which are Joint Obligation and Solidary Obligation. In Joint Obligation, 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 and the Solidary Obligation is one each of the debtors is bound to render payment or fulfillment of the obligation, and each one of the creditors has a right to demand from any of the debtors, entire compliance with the presentation. General Rule: In collective obligation, it is presumed to be joint. There are Kinds of Solidary Obligation, the Passive Solidarity, Active Solidarity, and Mixed Solidarity. Passive Solidarity on the part of the debtors where anyone of them can be made liable for the fulfillment of the entire obligation. Active Solidarity on the part of the creditors where any one of them can demand the fulfillment of an entire obligation. Mixed Solidarity solidarity on the part of the debtors and creditors. Article 1209 speaks of a joint indivisible obligation. It is joint because the parties are proportionately liable and indivisible because the object is not physically divisible into different parts and can only be complied all at once. Solidarity pertains to the obligation of the debtors whether the debtor is held liable to perform for the entire obligation and Invisibility means can be performed in parts or not. Invisibility - refers to prestation while Solidarity refers to the legal tie that binds the parties. - indivisible obligation, only the debtor guilty of breach of obligation is liable for damages - can exist although there are only one debtor and one creditor - indivisible obligations, others are not liable in case of insolvency of one debtor Solidarity - refers to the juridical or legal tie that binds ties - solidary obligation, all of the debtors are liable for the breach of the obligation committed by a debtor - there must be at least two debtors or two creditor - solidary obligation, the other debtors are proportionately liable There is solidarity even if there is variation, even if the creditors and debtors may not be bound by the same periods and conditions. If you are the solidary debtor you can pay to any of the solidary creditors and need not to divide the payment to all of them except if any of the solidary creditors will demand the payment and you will have to pay him for the obligation to be extinguished. The solidary creditor has the choice of whom he will enforce the collection of payment either to any one of the solidary debtors or some of the solidary debtors or all of the solidary debtors as long as the debt has not been fully collected. There are effects of Payment by a Solidary Debtor: *Between the solidary debtors and creditor(s) - Payment made by one of the solidary debtors extinguishes the obligation *Among the solidary debtors -The solidary debtor can demand reimbursement from his co-debtors for their proportionate shares with interest only from the time of payment *Among the solidary creditors -The receiving creditor is jointly liable to the others for their corresponding shares Effect of payment before remission, the obligation is extinguished. Effect of payment after the remission, Solutio Indebiti arises. The co-debtor must prove the remission to the payment for him to be able to be released from responsibility from the other co-debtors. Loss is without fault and before delay - The obligation is extinguished through a fortuitous event and before they have incurred in delay Loss if due to fault on the part of a solidary debtor - All debtors are liable for price and damages but can recover from negligent debtor Loss without fault after delay - All debtors are now liable for everything Defenses available to a solidary debtor - Defenses derived from nature of the obligation - Defenses personal to, or which pertains to share of, debtor sued - Defenses personal to other solidary debtors
PAMA,KERSHEY ANNE L. 1BSA-A There are two kinds of collective obligation the first one is the joint obligation whereas it is paid or fulfilled and is divided among different debtors and it is to be demanded proportionately by different creditors. The joint indivisible obligation refers to being joint as to the liabilities of debtors and the rights of creditors, but indivisible in a way where the object or subject matter is not physically divisible into different parts. This constitute as the middle ground between a joint and solidary obligation. Debtor may choose who will received his payment among solidary creditor unless there is a demand, the payment should be made to him. If the payment of the solidary debtor is made in an illegal or prescribe way he is not entitled to reimburse by his co-debtor. When one of the active solidary cancel his share, it will not release that part of the debtor that is affected. When the payment i made before remission, co-debtors are still to reimburse to the debtor who complied. If the remission is made before payment and payment has been made the principle of solutio indebiti arises.
Quilantang, Elaine Cassandra G. 1BSA-B // Pamantasan ng Cabuyao Good Day Atty! Here are my key takeaways from our video lecture. Under Article 1207 and Article 1208, there are two kinds of obligation according to the numbers of parties they are, individual obligation which means there is only one obligor and one obligee, and collective obligation were there are two or more debtors and creditors, it may be joint or solidary. Joint obligation, as per Article 1208, 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 and solidary obligation, as per Article 1207, each one of the debtor is bound to render, and/or each one of the creditors has a right to demand from any of the debtors, entire compliance with the prestation. Joint indivisible obligation is stated in Article 1209, wherein the obligation is joint because the parties are merely proportionately liable. An indivisible obligation is stated in Article 1210, which means, only the debtor guilty of the breach of obligation is liable for damages, while in solidary obligations, all of the debtors are liable for the breach of the obligation committed by a debtor. According to Article 1211, there are kinds of solidary obligation according to the legal tie. They are uniform and non-uniform/ varied. The essence of solidarity consists in the right of each creditor to enforce the rights of all and the liability of each debtor to answer for the liabilities to all. Article 1212 shows how solidary creditor act in a useful or prejudicial to others. A solidary creditor may do any act that is beneficial to others but cannot perform any prejudicial act to them. This rule was based on the theory of mutual agency. Article 1213 presents that a solidary creditor cannot assign any rights without the consent of others. Article 1214. The general rule is that debtor may pay any solidary creditors but there is an exception, that is if any creditor demanded judicially or extra-judicially, then the debtor should pay the one who made the demand. Article 1215 speaks about the effect of novation, compensation, confusion or remission of debt made by solidary creditors or solidary debtors. The effect is that obligation is extinguished. The creditor who received the payment will be liable to the share of his co-creditors. Article 1216 refers to the right of creditor to proceed against any solidary debtor. Creditor may enforce the collection to any solidary debtors, some of solidary debtors, or to all solidary debtors if the debt has not yet been fully collected. Article 1221 talks about Loss. When the loss occurs without the fault of the debtor and if there was a delay then the obligation will not be extinguished. The general rule of this Article 1222 states that you can freely set up the defenses pertaining to yourself, or to the other solidary debtors.
Manalo, Kristine Jeanette T. 1BSA-B PNC Thank you for this video lecture Atty. Here are my take aways from this video. Article 1207-1208 Number of Obligee - One (Individual Obligation) - Two or More (Collective Obligation) Number of Obligor - One (Individual Obligation) - Two or More (Collective Obligation) General Rule: Collective obligation presumed to be joint. Kinds of Solidarity Obligation According to the parties bound: 1. Passive Solidarity 2. Active Solidarity 3. Mixed Solidarity According to source: 1. Legal Solidarity 2. Conventional Solidarity 3. Real Obligation Article 1209 This article speaks of a joint indivisible obligation. Article 1210 “The indivisibility of an obligation does not necessary give use to solidarity. Nor does solidarity of itself imply indivisibility.” Article 1211 “Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Article 1212 “Each one of the solidarity creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter.” Article 1213 “A solidarity creditor cannot assign his rights without the consent of the others.” Article 1214 “The debtor may pay 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.” Article 1215 “The creditor may proceed against any one of the solidarity debtors or some of all of them simultaneously. Article 1217 Effects of payment by a solidarity debtor: 1. Between the solidarity debtor and creditor(s) - full payment 2. Among solidary debtors - after full payment, can demand reimbursement 3. Among solidary creditors - jointly liable to the others. Article 1218 “Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtor if such payment is made after the obligation has prescribed or become illegal.” Article 1219 Payment before remission - obligation is extinguished Payment after emission - solution indebiti arises Article 1220 The remitted debtor pays nothing to the creditor. Article 1221 If the thing to be delivered belongs to the negligent debtor, only he is liable to damages and interest. Article 1222 Defenses available to a solidary debtor: 1. Defenses derived from the nature of obligation 2. Defenses personal to, or which pertain to share of, debtor sued. 3. Defenses personal to other solidary debtors.
Panganiban, Aubrey L. 1BSA-A Good day, Atty. Here is the summary of what I’ve learned from section 4. Joint and Solidary obligations: Kinds of obligations according to the number of parties are discussed under art. 1207 and 1208. They are individual obligation, where there are one oblige and one obligor, and collective obligation, where there are 2 or more debtors and 2 or more creditors. The article also provides meaning of joint and solidarity obligations. In joint obligation, the debtor must pay or fulfill the obligation proportionately while it is to be demanded proportionately by the creditors. In solidarity obligation, one of the debtors is bound to render, while the creditors have a right to demand entire compliance with the prestation to any of the debtors. Art. 1207 and 1208 has a general rule that collective obligation is presumed to be joint. There are kinds of solidary obligation which can be according to the parties bound; passive, active, and mixed solidarity, and which can be according to source; conventional, legal, and real solidarity. Proceeding to art. 1209 talks about the joint indivisible obligation which implies that the debtor’s liabilities are proportionately joint and it is indivisible because it can only be performed all at once, it cannot be partially performed. Art. 1210 provides the distinction of indivisibility and solidarity. Indivisibility refers to the prestation while the solidarity refers to the legal tie that’s why indivisibility of an obligation does not necessarily give rise to solidarity and vice versa. Moreover, in indivisible obligation only the debtor who committed breach is liable for damages while in solidary obligation all the debtors are liable for breach committed by the co-debtor. Next, art. 1211 talks about the presence of solidarity even if there are variations in terms of the manner by which the obligation is to be performed or even if the debtors have different periods and conditions. Art. 1212 talks about the act of solidary creditor useful or prejudicial to others. The solidary creditor can whatever may be beneficial to the others but he cannot perform any prejudicial act because it will extinguish the obligation. But he cannot assign his rights without the consent of the latter according to art. 1213 and the payment of the debtor will be given by any of the solidary creditors (Art. 1214). In addition to that, the obligation will get extinguished in case of novation, compensation, confusion, or remission of debt made by any of the solidary creditors and debtors (Art. 1215). Art. 1216 talks about the right of the solidary creditors to choose against to whom he will enforce the collection. It can be to any one, or some, or all of the solidary creditors as long as it has not been fully collected. Art. 1217 pertains to the effects of payment made by a solidary debtor. If the payment was made by the solidary debtors, it extinguishes the obligation while the creditor is given the right to choose which offer to accept. If among the solidary debtors, the paying solidary debtor can demand reimbursement from his co-debtors, this is after the full payment of the debt. If among the solidary creditors, the receiving creditor will be liable jointly to the others for their corresponding shares. Art. 1218 states that if the payment made after the obligation becomes illegal, payment by solidary debtor shall not entitle him to reimbursement from his co-debtors. Art. 1219 talks about the effect of remission of the share after payment. Payment made before the remission will extinguish the obligation and it will give rise to solutio indebiti if the payment was made after the remission. In art. 1220 states that the debtor has no right to reimbursement in case of remission. This is because the remitted debtor pays nothing to the creditor. Art. 1221 talks about the rules in case a thing has been lost or prestation has become impossible. If it is lost without the fault and before delay, the obligation is extinguished. Moreover, if it is loss due to fault on the part of a solidary debtor, all debtors become liable for price and damages but can recover from the negligent debtor. Lastly, if the loss is without fault but after delay, all debtors are now liable for everything. In art. 1222, it speaks about the defenses available to a solidary debtor; defenses derived from the nature of the obligation, defenses personal to, or which pertain to share of, debtor sued, and defenses personal to another solidary debtors. Thank you for this lesson, Sir.
Laya, Voltaire Lau G. 1BSA-A Good day Attorney Reyes, thank you for this lecture video, in which I learned all about joint and solidary obligations. First there a kind of obligations according to the number or parties, an individual obligation where there is only one obligor and one oblige, and a collective obligation where there are two or more obligee and/or two or more obligor. A collective obligation may be joint or solidary, a joint obligation means that the whole obligation is to be fulfilled proportionately by the different debtors and is to be demanded proportionately by the different creditors. On the other hand, a solidary obligation is where each one of the debtors is bound to render payment or fulfillment of the obligation, and each one of the creditors has the right to demand from any of the debtors with entire compliance with the prestation. Also, as a general rule, a collective obligation is presumed to be joint. Additionally, I learned there is solidary liability when the obligation expressly states so, the law requires solidarity, the nature of the obligation requires solidarity. Next are the kinds of solidarities according to parties bound which are passive, active, and mixed solidarity. Passive solidarity is solidarity on the part of the debtors where anyone can pay or fulfill the obligation, active solidarity is solidarity on the part of the creditors where anyone of them can demand fulfillment of the entire obligation. Lastly, mixed solidarity which is solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand, entire compliance with the obligation. Kinds of solidarities according to source are legal solidarity in which is solidarity imposed by the law, conventional solidarity is solidarity agreed upon by the parties, and real solidarity in where solidarity is imposed by the nature of the obligation. Also, I learned that solidarity is not presumed, if there are two or more persons in the same obligation, is that it is joint. Article 1209 talks about joint indivisible obligation, it is a joint as to liabilities of the debtors or the rights of the creditors but indivisible as to compliance. This type of obligation constitutes the middle ground between a joint obligation and a solidary obligation. Article 1210 distinguishes indivisibility between solidarity, indivisibility refers to the prestation, while solidarity refers to juridical or legal tie that binds the parties. In indivisible obligations only the debtor is guilty of breach of obligation is liable for damages, while in solidary obligations all of the debtors are liable for the breach of the obligation committed by a debtor. Indivisibility can exist although there is only one debtor and one creditor, while in solidarity there must be at least two debtors and two creditors. In indivisible obligations the others are not liable in case of insolvency of one debtor, while in solidary obligations the debtors are proportionately liable. Article 1212 states that each one of the solidary creditors may do whatever may be useful to others, but not anything which may be prejudicial to the latter. A solidarity creditor may do any act beneficial or useful to the others but he cannot perform any act prejudicial to them since if he perform such acts the obligation will be extinguished and shall be responsible for damages. Article 1213 states that a solidary creditor cannot assign his rights without the consent of the others. Article 1217 talks about the effects of payment by a solidarity debtor. Between the solidary debtors and creditors, full payment made by one of the solidary debtors extinguished the contract but the creditor has the right to choose which payment to accept if two or more solidary debtors offers to pay in full. Among the solidary debtors, after the full payment of the debt, the paying solidary can demand reimbursement from his co-debtors for their proportionate shares with the interest only from the time of payment wherein the obligation becomes joint, if one becomes insolvent, he shall be liable for his share. Among the solidary creditors, the receiving creditor is jointly liable to the others for their corresponding shares Article 1218 states that 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. Article 1219 states that the remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. Article 1221 talks about the rules in liability in case the thing becomes lost or the prestation becomes impossible. If it is lost without fault before delay then the obligation is extinguished, if it is lost through the fault of a solidary debtor then all debtors are now liable for price and damages but can recover from the negligent debtor, if it is lost without fault but after delay then all the debtors are now liable for everything. Lastly, article 1222 talks about defenses available to a solidary debtor which are defenses derived from the nature of the obligation, defenses personal to, or to which pertain to share of, debtor sued, and defenses personal to other solidary debtors.
Melendrez, Ella Grace G. 1BSA-A Below are the summary of my learnings: Article 1207 - 1208. In individual obligation there is one obligee and one creditor while in collective obligation there are two or more obligee and obligor. Moreover, it can be joint or solidary. In joint obligation, each debtor and each creditor is proportionately liable. However, in solidary obligation each one of the debtors is bound to fulfill the entire obligation and each one of the creditors has the right to demand the prestation. Article 1209. Joint indivisible obligation is joint in a sense that the liability of the debtors are divided proportionately among themselves.Indivisible obligations means that only the debtor guilty of breach of obligation is liable for damages while in solidary obligations all of the debtors are liable for the breach of the obligation committed by a co-debtor. Article 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. Article 1211. Uniform Solidary Obligations means that parties are bound with the same stipulations. On the other hand, non-uniform/varied solidary obligations are when parties are not subject to stipulations. Article 1212. Solidary creditor may act beneficial to others but not act prejudicially because it can result in extinguishment of the obligation but can cause damages to others. Article 1213. A solidary creditor cannot assign his rights without the consent of others. Article 1214. If you are a solidary debtor, you can pay one solidary creditor and the obligation will be extinguished except that if one solidary creditor demands payment you need to pay him. Article 1215. Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. Article 1216. The creditor may proceed against anyone of the solidary debtors or some or all of them simultaneously. Article 1217. Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. Article 1218. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has been prescribed or becomes illegal. Article 1219. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. Article 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. Article 1221. As far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors. Article 1222. The article talks about the defenses available to a solidary debtor. Thank you, Atty. for the video lecture!
Alindogan, Genevieve M. 1BSA-A Good day, Atty. Reyes! Thank you for this video lecture. This video discussed about the Section 4: Solidary and Joint Obligations. Article 1207-1208. 1207. "The concurrence of two or more creditors or of 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 bound to render, entire compliance with the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity." 1208. "If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits." Kinds of Obligation Individual obligation- there is only on creditor and one obligor Collective obligation- two or more creditors and obligors. Joint obligation- is paid or fulfilled proportionately by the different debtors and it is demanded proportionately by the different creditors. Solidary obligation- is each one of the debtors is bound to render payment or fulfillment of the obligation and each one of the creditor has a right to demand the entire obligation. GENERAL RULE: Collective obligation presumed to be joint. Kinds of Solidary Obligation 1. Passive solidarity(many debtors, only one creditor)-solidarity in the part of the debtors 2. Active solidarity(one debtor, many creditors)-solidarity on the part of creditors 3. Mixed Solidarity- solidarity on the part of the debtors and creditors ACCORDING TO SOURCE: Legal solidarity; Solidarity imposed by law. Conventional solidarity; Solidarity is agreed upon by the parties Real Obligation; Imposed by the nature of law Article 1209. This article speaks of a joint indivisible obligation. It is joint to liabilities of the debtors or rights of the creditors but indivisible as to compliance. Article 1210. Indivisibility refers to the prestation, while solidarity refers to the juridical or legal tie that binds the parties. ~ In indivisible obligations, only the debtor guilty of breach of obligation is liable for damages. ~ Indivisibility can exist although there is only one debtor and one creditor, while in solidarity, there must be at least two debtors and two creditors. ~ In indivisible obligations, the others are not liable in case of insolvency of one debtor, while in solidary obligations, the others are proportionately liable. Article 1211. "Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions." Article 1212. ~ Solidary creditor may act beneficial to others but not act prejudicial because it may result to extinguishment of the obligation but can cause damages to others. Article 1213. "A solidary creditor cannot assign his rights without the consent of the others." Article 1214. "The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him." ~ The debtor may pay any one of the solidary creditors except that if any of the solidary creditors will demand for the payment, then the debtor need to pay to him. Effects of payment by a solidary debtor: 1. Between the solidary debtors and creditor(s) 2. Among solidary debtors 3. Among solidary creditors Remitted Debtor Consequences Before remission Liable if the paying debtor paid in full After remission Not liable if the paying debtor paid in full When a co-debtor becomes insolvent Liable only for the co-debtor's share Article 1221. LOSS LIABILITY Without fault before delay Obligation is extinguished Due to a solidary debtor All debtors are liable for price and damages but can recover from negligent debtor Without fault after delay All debtors are now liable for everything Article 1222. Defenses available to a solidary debtor: 1. Defenses derived from the nature of the obligation. 2. Defenses personal to, or which pertain to share of, debtor sued. 3. Defenses personal to other solidary debtors.
Camas, Ma. Joyce Susanfei M. 1 BSA-B Pamantasan ng Cabuyao Summary of my understandings from this video: Art. 1207 Art. 1208 Collective obligation presumed to be joint When obligation solidary (only when) 1. The obligation expressly so states 2. The law requires solidarity 3. The nature of the obligations require solidarity Kinds of solidarity (according to) The parties bound a. Passive solidarity -solidarity on the part of the debtor -any of the debtor can be required to pay or fulfill the obligation or there are many debtors but only one creditor on the b. Active solidarity -solidarity on the part of the creditors where any one of them can demand the fulfillment of the entire obligation there is only one debtor and many creditors c. Mixed solidarity - solidarity on the part of the debtors and creditors-like where each one of the debtors is liable to render and each one of the creditors has a right to demand entire compliance with the obligation Source a. Legal solidarity or solidarity imposed by law conventional solidarity. One of the examples were legal solidarity is imposed by law is in case of joint tort feasors -the obligation imposed by law is solidarity b. Conventional solidatiry or solidarity that is agreed upon by the parties c. Real obligation- imposed by the nature of law example workmen's compensation law In case that the characteristic of the obligation is dubious in character it is presumed to be joined in case of doubt as to whether the obligation is joint or solidary then it is to be presumed as joint there are kinds of solidarity obligation Solidarity not presumed The presumption is joint and not solidary Art. 1209 Joint indivisible obligation -in the sense that the liability of the debtors are divided proportionately among themselves but it is indivisible in the sense that it can only be complied all at once -it cannot be partially performed -the middle ground between a joint obligation and a solidary obligation Art. 1210 - dichotomy between indivisibility and solidarity of obligation Solidarity - obligation of the debtors whether the debtors can be held liable to perform for the entire obligation Divisibility or indivisibility - whether the obligation can be performed in parts or not As to when a debtor is guilty of breach of the obligation for example if a debtor did not comply with his own part of the contract the effect In case that the obligation is indivisible only the guilty debtor is liable for damages If the obligation is solidary and one of the solidarity debtors is guilty of violation of the contract then all of the solidarity debtors are liable to pay for damages since solidarity among them remains despite the bridge Indivisible obligations -the others are not liable in case of insolvency of one debtor Solidarity obligations - the other are proportionately liable Art. 1211 There is solidarity even if -there are variation in terms of how the obligation is to be performed or there can be solidarity -the solidarity debtors have different periods and conditions in the performance of their obligation Solidarity not affected by diverse stipuations Art. 1212 The solidarity creditor may act beneficial to others but not act prejudicial because it can result in the extinguishment of the obligation and can cause damages to others Art. 1213 Assignment by solidary creditor of his rights Art. 1214 Payment to any of the solidary creditor Each of the solidarity creditor can demand the performance of the entire obligation then if you are a solidarity debtor, you can pay to any of the solidarity credit for the entire obligation No need to divide the payment to all of them, can pay one solidarity creditor and obligation will be extinguished except that if any of the solidarity creditor will demand for the payment then you have to pay to him Art. 1215 Liability of solidary creditor in case of novation, compensation, confusion or remission -should be liable Effect of novation, etc. Where obligation joint- -doesn’t extinguish/ modify the obligation Art. 1216 Right of creditor to proceed against any solidary debtor Art. 1217 Effects of payment by a solidary debtor He will have to distribute the payment made in full to his co-solidarity debtors that is article 12 17. Art. 1218 Effect of payment after obligation has prescribed or become illegal --the obli extinguished Art. 1219 Effect or remission of share after payment --the remission/waiver is no effect / solutio indebiti arises There are different effects in terms of payment before remission of debt and after the debt has been remitted Remission -it was condoned by the creditor - no longer collect If the payment is made in full before remission, then the debtor remains to be liable- because before the mission there was already payment in full which have extinguished the obligation After remission, then he is not liable if the paying debtor paid in full because his obligation with respect to the solidarity creditors have been condoned already and therefore if his obligation has been condoned and other solidarity debtors will pay in full then he will not be liable When co-debtor becomes insolvent, he is liable only for the co-debtors share take note class of this Even if the solidarity creditor will condone the share of a solidarity debtor he will still be liable if one of his Co-debtor will become insolvent Just because your share was admitted by the solidarity creditors does not mean that you will no longer be liable in case one of the solidarity co-debtors become insolvent Art. 1220 No right to reimbursement in case of remission Art. 1221 In case that the solidarity debtor goes to the solidarity creditors and asks for remission of the debt since there is no payment the solidarity creditor or solidarity debtor is not entitled for reimbursement from his co-debtors otherwise it will amount to unjust enrichment because there was no payment made, only remission of the debt-because the debtor pays nothing to the creditor 1. Loss without fault or before delay then the obligation is extinguished Even if the thing is lost but the obligor has already incurred delay, the obligation is not extinguished - must occur: without fault and before delay 2. Loss due to a solidarity debtor All debtors are liable for the price and damages but can recover from the negligent debtor 3. Loss without fault and after delay All debtors are liable for damages
Art. 1222 Defenses available to a solidary debtor (defenses) 1. Derived from the nature of the obligation 2. Personal to, or w/c pertains to share of, debtor sued 3. Personal to other solidary debtors Sometimes the solidary debtors have defenses of their own which is only peculiar to them 1. Derived from the nature of the obligation 2. Personal to the solidarity debtor which pertain to the share of the debt or sued or defenses 3. Personal to the other solidarity debtors Can set up the defenses pertaining to self or to the other solidarity debtors
Abion, Francine Joyce P. 1BSA-B Good day, Sir! Thank you for the video lecture. Here are my key takeaways from the discussion. Articles 1207-1208 talk about the kinds of obligations: the individual with one obligee and obligor and a collective obligation with two or more obligee and obligor. I've learned of two types of collective obligations: joint and solidary. Joint implies that the action to fulfill the obligations must be proportionately by different debtors, on the other hand, solidary obligation means each of the debtors is bound to fulfill the entire obligation. It is said that in general rule, in case of collective obligation is presumed to be joint. Also, there are three kinds of solidary obligation. The passive solidarity has many debtors but only one creditor. The active solidarity has one debtor but many creditors. Mixed solidarity is also one of the kinds of solidary obligation. It means each debtor must render, and each of the creditors should demand. A joint indivisible obligation, as specified by Article 1209, implies that the debtors' liability is proportionately divided among themselves. It is indivisible because it can only be complied with or performed with all at once. Article 1210 gives the dichotomy between solidarity and indivisibility of obligation. Solidarity does not necessarily imply indivisibility, and obligations' indivisibility does not give rise to solidarity. Indivisibility only refers to the prestation, and solidarity pertains to the legal tie. When it comes to indivisible obligations, the only one that may be held liable is the debtor who has committed a breach. There is solidarity, although there is variation in terms of the obligation is to performed. There is also solidarity even if the obligors have different periods and conditions according to Article 1211. Article 1212 refers that the solidary creditors can do whatever is in the best interests of the others. But a solidary creditor cannot grant or delegate rights without the others' consent, in line with Article 1213. Since each solidary creditor can demand the performance of the obligation, the solidary debtor can pay to any of them (Article 1214). In case of novation or remission of the debt made by both solidary creditors and debtors, the obligation will get extinguished (Article 1215). Solidary creditors have the choice to enforce the collection as long as the debt has not got fully recovered. The solidary creditor has the option of collecting payment from the solidary debtors. It can be either from any, some, and all solidary debtors (Article 1216). Article 1217, on the other hand, is an important provision that pertains to the effect of payment made by solidary debtors that may extinguish the obligation. In Article 1218, if the obligation becomes illegal, the payment made by a solidary debtor should not entitle him the reimbursement from his co-debtor. He is not also entitled to reimbursement from his co-debtors through remission (Article 1220). In Article 1219, the obligation gets extinguished if the payment is before the remission. But after the remission (condone by the creditor), it gives rise to solutio indebiti. Article 1221 talks about loss. It presents that as far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault of all solidary debtors. I've also seen and note that there are defenses for the solidary debtor that he can avail of (Article 1222). Defenses should be: derived from the nature of the obligation, personal to the debtor sued, and personal to other solidary debtors. Thank you and God bless, Atty.
ALA, TRIXIE KLEIN ANNE L. 1BSA-A Good evening, Atty. Reyes, thank you for this lecture video. I already watched all the part of chapter 1, 2 and 3. By reading the content of the book and with the help of your lecture video I learned the different articles and their corresponding meaning such as SECTION 5 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 DIVISIBLE OBLIGATION- in its delivery or performance it is capable of partial fulfillment INDIVISIBLE-not capable of partial performance ARTICLE 1224 Effect of non-compliance by a debtor in a joint indivisible obligation. Thing is indivisible liability of debtors are joint If one of the joint debtors do not want to comply with obligation you will convert it into one damage. ARTICLE 1225 Situation where obligation are deemed indivisible Four instances obligation is deemed to be indivisible 1. Obligation to give definite things 2. Obligation w/c susceptible in partial performance Ex. singing 3. Obligation provided by law to be indivisible even if thing or services is physically divisible Ex. paying of taxes 4. Obligation intended by the parties to be indivisible even if thing or services is physically divisible Obligation are deemed to be divisible 1. Obligations which have for their object the execution of a certain number of days of work Ex. construction, paint in 10 days 2. Obligations which have for their object the accomplishment of work by metrical units (1.5 meters) 3. Obligations which by their nature are susceptible of partial performance Ex. teaching oblicon subject for 1year in BSU- Divisible Divisibility or indivisibility in obligations not to do.
Quiom, Christine B. 1BSA-B These are the key points of what I learned in this video lecture: Article 1207-1208 In joint obligation, the debtors/creditors are subject to fulfilled or demanded proportionately the obligation. In solidary obligation, each one of debtors/ creditors are bound to render or has a right to demand entire obligation. As a general rule, collective obligation presumed to be joint. Article 1209 - Joint indivisible obligation is joint only as to liabilities but indivisible with regard to compliance. Article 1210 - The liability may be either joint or solidary in an indivisible obligation and the subject matter may be divisible or indivisible in solidary obligation. Article 1211- In solidary obligation, the parties may be bound with same stipulations or it may be varied. Article 1212 - The prejudicial act of a solidary creditor will result to extinguishment of obligation and damages to others that’s why it is not valid. He can only do whatever useful but not prejudicial. Article 1213-A solidary creditor cannot assign his rights without the consent of the others. Article 1214- The payment of debtor may be made any one of solidary creditors. Article 1215- Novation, compensation and remission of debts are forms of extinguishment of obligation. Article 1216- As long as debt has not fully collected, solidary creditor has the right to choose whom he will execute the collection of debts. Article 1217- The payment of one solidary debtor may extinguishes the obligation but the creditor may choose which offer to accept if two or more solidary debtors offer to pay. Article 1218- If payment made by a solidary debtors become prescribed or illegal, he has no right to reimburse his payment to his co-debtors. Article 1219- If payment is made before remission, obligation is extinguish but if payment is made after remission, solutio indebiti arises. Article 1220- When remission of the entire obligation was obtained by one of the solidary debtors, he is not entitle to reimburse from his co-debtors because remission is gratuitous. Article 1221- In solidary obligation, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors. Article 1222-The defenses available to a solidary debtor may derived from nature of obligation, of those personal to him, or pertain to his own share and personal to other solidary debtors. Thank you Atty.!
Agdefa, Cristine Bernadette Y. 1BSA-B Good Day, Atty.! Here are my key points regarding the video lecture or the section 4 of the different kinds of obligations (obligations based on the number of parties). And what I've discovered so far. The first article talks about the presumption of collective obligations or those obligations with two or more creditors/debtors. Article 1208 defines solidarity and joint obligations. It also state the three types of solidarity according to the parties bound; the passive which is on the part of the debtor, the active which on the part of the creditor, and the mixed which is the solidarity on the part of both parties. And three according to the source; Legal, Conventional and Real obligation. Article 1209 refers to a joint indivisible obligation in which prestation cannot be performed in part while each debtor is held proportionately liable. The liability in an indivisible obligation can be joint or solidary, and the subject matter can be divisible or indivisible, according to Article 1210. The next article discusses although the creditors and debtors are not bound in the same way or by the same terms and conditions, solidarity may exist. Article 1212, connotes that the solidarity creditor may act beneficial to others but not act prejudicial because it can result in the extinguishment of the obligation plus damages. Article 1213 prohibits solidary creditor to assign his right without consent of the others. Also, according to Article 1215, without prejudice to the provisions of Article 1219, any novation, compensation, confusion, or remission of the debt made by any of the solidary creditors or with any of the solidary debtors shall extinguish the obligation. Moving on, article 1219 state that the remission by the creditor of a share that affects one of the solidary debtors does not absolve the latter of his responsibility to the co-debtor if the debt was fully paid by either of them before the remission. In connection, the remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors (based on article 1220). Article 1221 discussed the effect of the obligation if the prestation is loss or has become impossible. Lastly, article 1222 indicates the defenses available to a solidary debtor. Thank you very much, Atty.!
Claris M. Paligar 1BSA-A Some take aways in this topic ARTICLE 1207-The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the formers has a right to demand, or that each one of the latter is bound to render, entire compliance with the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. ARTICLE 1208-If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. (1138a). ARTICLE 1209-If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share. ARTICLE 1210-The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility ARTICLE 1211-Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. ARTICLE 1212- Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. ARTICLE 1213 - A solidary creditor cannot assign his rights without the consent of the others. ARTICLE 1214-The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him. ARTICLE 1215 - Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219-The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them. ARTICLE 1216 - The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. ARTICLE 1217-Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the debt is due, no interest for the intervening period may be demanded. ARTICLE 1218 - 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. ARTICLE 1219 - The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was affected. ARTICLE 1220 - The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. (n) ARTICLE 1221 - If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished.If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor. ARTICLE 1222 - A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible.
Tenorio, Jeane Antonette E. 1BSA-B Pamantasan ng Cabuyao Here are my notes from this lecture. Article 1207 Kinds of Obligations 1. Individual obligation- one where there is only one obligor and one oblige. 2. Collective obligation- one where there are two or more debtors and/or two or more creditors. It may be joint or solidary. Kinds of collective obligation 1. Joint obligation- one where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or 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 a right to demand from any of the debtors, entire compliance with the prestation. In article 1207 to 1208, the general rule is: collective obligation presumed to be joint. Kinds of Solidary obligation According to parties bound: 1. Passive solidarity- solidary on the part of the debtors, where any one of them can be made liable for the fulfillment of the entire obligation (many debtors, only one creditor). 2. Active solidarity- solidarity on the part of the creditors, where any one of them can demand the fulfillment of the entire obligation (one debtor, many creditors). 3. Mixed solidarity- solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand, entire compliance with the obligation. According to source: 1. Legal solidarity- solidarity imposed by the law. 2. Conventional solidarity- solidarity is agreed upon by the parties. 3. Real obligation- imposed by the nature of law. Solidarity is not presumed. The presumption, there are two or more persons in the same obligation, is that it is a point. Article 1209. This article speaks of a joint indivisible obligation. It is joint because the parties are merely proportionately liable. It is indivisible because the object or subject matter is not physically divisible into different parts. Article 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. Difference between indivisibility and solidarity: • Indivisibility refers to the prestation, while solidarity refers to the juridical or legal tie that binds the parties. • Indivisible obligation, only the debtor guilty of breach of obligation is liable for damages, while in solidary obligation, all the debtors are liable for the breach of obligation committed by a debtor. • Indivisibility can exist although there is only one debtor and one creditor, while solidarity, there must be at least two debtors or two creditors. • Indivisible obligation, the others are not liable in case of insolvency of one debtor, while in solidary obligations, the other debtors are proportionately liable. Liability in an indivisible obligation may be either joint or solidary. Solidary obligation, the subject matter may be divisible or indivisible. Article 1211. Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Kinds of solidarity obligation according to the legal tie 1. Uniform- when the parties are bound by the same stipulations 2. Non-Uniform or varied- when the parties are not subject to the same stipulation Article 1212. Each one of the solidary creditors may whatever may be useful to the others, but not anything which may be prejudicial to the latter. Solidary creditors may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others. Article 1213. A solidary creditor cannot assign his rights without the consent of the others. Article 1214. The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made one of them, payment should be made to him. Article 1215. Novation, compensation, confusion or remission of the debt, made any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of article1219. The creditors who may have executed aby if these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them. Article1216. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be ab obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. Article 1217 Effects of payment by solidary debtors: 1. Between the solidary debtors and creditors- full payment made by one of the solidary debtors extinguishes the contract but the creditor has the right to choose which payment to accept if two or more solidary debtors offer to pay. 2. Among the solidary debtors- after payment of the debt, the paying solidary debtor can demand reimbursement from his co-debtors for their proportionate shares with (legal) interest only from the time of payment. 3. Among the solidary creditors- the receiving creditor is jointly liable to the others for their corresponding shares. Article 1218. Payment by a solidary debtor shall not entitle him to reimbursement from hi co-debtors if such payment is made after the obligation has prescribed or become illegal. Article 1219. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt has been totally paid by anyone of them before the remission was affected. • Payment before remission- obligation is extinguished. • Payment after remission- solution indebiti arises. It is necessary for the debtors to prove the remission to the payment to release him form responsibility towards his co-debtors. This is to prevent fraud whereby the creditor remits the share of a particular debtor. This secures the equality and justice to the paying debtor inasmuch as the payment benefits his co-debtors.
Laarni Joy Cabanela 1BSA-A Pamantasan ng Cabuyao Good Day, Atty. Here is the summary of what I have learned in this video. ARTICLE 1207 The concurrence of two or more creditors or of 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 the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. ARTICLE 1208 If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. ARTICLE 1209 If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share. ARTICLE 1210 The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. ARTICLE 1211 Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. ARTICLE 1212 Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. ARTICLE 1213 A solidary creditor cannot assign his rights without the consent of the others. ARTICLE 1214 The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him. ARTICLE 1215 Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them. ARTICLE 1216 The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. ARTICLE 1217 Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the debt is due, no interest for the intervening period may be demanded. When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be borne by all his co-debtors, in proportion to the debt of each. ARTICLE 1218 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. ARTICLE 1219 The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. ARTICLE 1220 The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. ARTICLE 1221 If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor. If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply. ARTICLE 1222 A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible. Thank you and God bless Atty.
Taup, Ashley Nicole Pamantasan ng Cabuyao 1BSA-A Good day Atty. Reyes. Here is the summary of my learnings about this video lecture of Joint and Solidaryy Obligations: Article 1207 - speaks of the solidary obligations, where each and every one of the solidary creditors can demand and each of the debtors must satisfy the same prestation. Article 1208 - refers to joint obligations, where the whole obligation is to be fulfilled proportionately by the different debtors and/or is demanded proportionately by the different creditors. Article 1209 - speaks of joint indivisible obligation. It is indivisible because the object is not physically divisible into different parts. Joint as to liabilities but indivisible as to compliance. Article 1210 - states that the liability in an indivisible obligation may be either joint or solidary. In solidary obligation, the subject matter may be divisible and indivisible. Article 1211 - states that it depends on the agreement of the parties in the terms and conditions stipulated. Article 1212 - speaks that a solidary creditor may do any act beneficial or useful to the others but he cannot perform any act prejudicial to them. he shall be held responsible to the others for the damages. Article 1213 - In the absence of consent given by the others, a solidary creditors cannot assign his rights to a third persons. Article 1214 - this article is applicable to active solidarity. The debtor may pay to one of the creditors, but when a demand is made judicially or extra-juducially, payment should be made to him to avoid confusion. Article 1215 - the creditor who executed ovation, compensation, confusion or remission of the debt, made by any of the solidary debtor or with any of the solidary debtors, should be liable to the others for their corresponding shares considering that such acts are prejudicial to them. Article 1216 - says that in a solidary obligation, any one or some or all of the solidary debtors simultaneously, may be made to pay the debt so long as it has not been fully collected. Article 1217 - refers to the effects of payments by one of the solidary debtors. This entitles him to claim reimbursement from his co-debtors. Article 1218 - speaks the effect of payment where obligation has already prescribed or become illegal. Article 1219 - refers to the effect of remission of share after payment. Article 1220 - states that no right to reimbursement in case of remission because the debtor who obtains remission pays nothing to the creditor. Article 1221 - pertains to the rules in case the thing has been lost or the prestation has become impossible. Article 1222 - states the defenses available to a debtor. Thank you for this video Atty. Have a good day!
SAHURDA, MARY LADY LOU C. 1BSA-A SECTION 4 - JOINT AND SOLIDARY OBLIGATIONS • Article 1207 states that if there are two or more debtors or creditors , it does not mean that each debtor is bound to render or each creditor has a right to demand. There is only solidary liability if the obligation was expressly so state or when the nature or law of the obligation requires. • Article 1208 talks about debtors and creditors having equal shares unless provided by the stipulation. Individual Obligation - there is only one obligor and one obligee Collective Obligation - there are two or more obligor and oblige - consists of Joint and Solidary Obligation Joint Obligation - the obligation is fulfilled proportionately by all the debtors and the creditors will demand the debtors independently Solidary Obligation - the whole obligation can be fulfilled by one of the obligors and one of the obligees can demand or pay any of the obligor for the whole obligation o Kinds of Solidary Obligation according to the parties bound: 1. Passive Solidarity- any of the many obligors can fulfill the obligation to one obligee 2. Active Solidarity- any of the many obligees can demand the obligation to one obligor 3. Mixed Solidarity- each one of the obligor is liable for the fulfillment of the obligation and each one of the obligee has the right to demand for the fulfillment of the obligation o Kinds of Solidary Obligation according to source: 1.Legal Solidarity- imposed by the law 2. Conventional Solidarity- agreed upon by the parties 3. Real Obligation- imposed by nature of law • Article 1209 discusses about Joint Indivisible Obligation that cannot be divided and performed partially. It is joint as the obligor’s liabilities and indivisible as to the compliance of the obligee. • Article 1210 tells that the liability in an indivisible obligation can either be joint or solidary and the subject matter of solidary obligation may be divisible or indivisible. Indivisibility Obligation will only held liable the guilty obligor, while Solidary Obligation can be divisible or indivisible and all the obligors can be liable for non-compliance. • Article 1211 states that solidary obligations of obligors and obligees may have different periods and conditions. • Article 1212 talks about solidary creditors who can do whatever beneficial and useful to the other, but not anything illegal or prejudicial to others. • Article 1213 said that a solidary creditor should assign his rights to another with the consent of the other creditors. • Article 1214 means that the obligor may pay one of the solidary creditors, except when any of the obligee made a demand, then the obligor should pay him. • Article 1215 pertains to the effect of novation, compensation, confusion or remission which is extinguishment of the obligation. • Article 1216 pertains to the right of the creditor to determine who among the solidary debtor he will enforce the collection. It can be the solidary debtors, some of the solidary debtors, or all of the solidary debtors as long as the debt has not yet been fully collected. • Article 1217 is all about the payment of solidary debtor wherein the full payment of one of the solidary debtors extinguishes the contract but the creditor has the right to choose which payment to accept if two or more debtors offer to pay. The one who made the full payment have the right to reimburse the share of his co-debtors together with interest if the payment was not made in time. In case a debtor is insolvent, co-debtors will shoulder his payment. • Article 1218 said that the co-debtors are not liable and does not need reimbursement for their share of payment if the paymentof the solidary debtor is illegal. • Article 1219 means that if the payment is made before the remission, then the debt extinguishes the obligation. But if payment is made after the remission, then it will results to solutio indebiti. It means that debtor needs to prove the remission so that he will not be liable. • Article 1220 states that the solidary debtor who has a remission to the whole obligation is not entitled to reimbursement there was no payment. • Article 1221 tackles about the loss or impossible performance the of prestation. Obligation will be extinguished if the loss is without the fault of the debtor and before delay. All debtors are liable for price and damages if the loss is due to debtor’s fault, but they can reimburse it from the negligent debtor. However, debtors are liable for everything if the loss is without the debtor’s fault and after delay. • Article 1222 is all about the available defenses to a solidary debtor such as defenses derived from the nature of the obligation, defense personal to, or which pertain to share of, debtor used, defenses personal to the other solidary debtors. Thank you, Atty. Reyes for the video lecture.
Dela Chica, Beniline D. 1BSA-B Good Evening, Atty. This is the summary of what I have learned in this video. Art. 1207-1208 explains to us the kinds of obligations according to the number of parties which are individual obligations or one where there is only one obligor or one obligee, collective obligation or one where there are two or more debtors and creditors. Under this is the joint and the solidary obligations. Joint obligation is one where the whole obligation is paid or demanded proportionally by the different debtor/s and creditor/s while Solidary obligation is one where each one of the debtor is bound to fulfill the entire obligation and the each one of the creditor has a right to demand the entire compliance with the prestation. As the general rule, in case of collective obligation, the obligation is presumed to be joint. In case of doubt as to whether the obligation is joint or solidary, then it is to be presumed as joint. On the contrary, there are different kinds of solidary obligations according to parties bound and sources. According to the parties bound, there are three kinds of obligation, passive, active, and mixed solidarity. As to sources, legal, real and conventional solidarity. A joint indivisible obligation is discussed under Article 1209 where it is joint as to liabilities of debtor or rights of the creditor while it is indivisible as to compliance. Article 1210 explains the dichotomy between indivisibility and solidarity of obligation. Article 1211 refers to the kinds of solidary obligation according to the legal tie which are the uniform and non-uniform or varied. Article 1212 concerns that the solidary creditors may act beneficial to others but not act prejudicial. On the other hand, a solidary creditor cannot assign his rights without the consent of the others (Article 1213). I also learned from Article 1214-1222 the payment of the creditor to any of the solidary creditors, the effects of novation, compensation, and confusion or remission in solidary creditor, the right of the creditor to proceed against any solidary debtor, the effects of payment by a solidary debtor by which are between the solidary debtors and creditors, among the solidary debtors, and among the solidary creditors, the effects of payment by solidary debtor after the obligation has become illegal, the effects of remission of share after payment of debtors, the remission of the whole obligation obtained by one of the solidary debtor does not entitle him to have a reimbursement from his co-debtors, the rules in case the thing has been lost without the fault of the debtor before delay, if loss is due to fault on the part of a solidary debtor, and the loss without fault before delay, and lastly the defenses available to a solidary debtor.
Marjes, Hazel-Ann B. 1BSA-B 1207-1208 Actions of debtor or obligor to the obligation Joint Obligation- paid or fulfilled proportionately by the different debtors Solidary Obligation- each one of the debtor is bound to render payment or fulfillment of the obligation Actions of creditor or obligee to the obligation Joint Obligation- is to be demanded proportionately by the different creditors Solidary Obligation- each one of the creditors has a right to demand entire compliance with the prestation Collective obligation presumed to be joint According to the parties bound: 1. Passive solidarity: solidarity in the part of the debtor. Any of the debtor can pay or fulfill the obligation (many debtors, only one creditor) 2. Active solidarity: solidarity on the part of the creditors, where anyone of them can demand the fulfillment of where anyone of them can demand the fulfillment of the entire obligation (one debtor, many creditors) 3. Mixed solidarity: solidarity on the part of the debtors and creditors, where each one of the creditors has a right to demand, entire compliance with the obligation According to source 1. Legal solidarity: solidarity imposed by law 2. Conventional solidarity:solidarity is agreed upon by the parties 3. Real obligation: imposed by the nature of law Solidarity not presumed. The presumption, there are two or more persons in the same obligation, is that it is joint. 1209 This article speaks of a joint indivisible obligation. It is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance. This obligation constitutes the middle ground between a joint obligation and solidarity obligation. 1210 The first sentence of Art. 1210 simply means that the liability in an indivisible obligation may be either joint or solidary. The second sentence means that in a solidary obligation, the subject matter may be divisible or indivisible. 1211 Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions 1212 Solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment if the obligation but can cause damages to others 1213 A solidary creditor cannot assign his rights without the consent ot the others 1214 The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him 1216 Solidarity has the choice to determine againts whom he will enforce the collection. It csn be either; 1. Any one of the solidary debtors 2. Some of the solidary debtors 3. All of the solidary debtors 1217 Effects of payment by a solidary debtor: 1. Between the solidary debtors and creditor(s)- full payment made by one of the solidary debtors extinguishes the contract but the creditor has the right to choose which payment tp accept if two or more solidary debtors offer to pay (in full) 2. Among solidary debtors- after the full payment of the debt, the paying solidary debtor can demand reimbursement from his co-debtors for their proportionate shares with the interest only from the time of payment wherein the obligation becomes joint. If one become insolvent, he shall be liable for his share. 3. Among solidary creditors- the receiving creditor is jointly liable to the others for their corrresponding shares 1219 It is necessary for the debtor to prove the remission to the payment to release him from responsibility towards his co-debtors This is to prevent fraud whereby the creditor remits the share of a particular debtor This secures the equality and justice to the paying debtor in as much as the payment benefits his co-debtors 1221 As far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors If the creditor recovers the price and damages from the negligent debtor, the negligent debtor cannot claim reimbursement from the others because he alone was at fault If the thing to be delivered belong to the negligent debtor, only he is liably to damages and interest 1222 Defenses available to a solidary debtor: 1. Defenses derived from the nature of the obligation 2. Defenses personal to, or which pertain to share of, debtor sued. 3. Defenses personal to other solidary debtors
Lagera, Rinalyn A. PNC 1BSA-A These are my takeways from your video discussions. Different kinds of obligation Article 1207-1209 Kinds of collective obligation one is the joint obligation where it states that, it is paid or fulfilled proportionately by different debtors while solidary obligation each one of the debtor is bound to render payment of fulfillment of obligation. According to the parties passive solidarity is solidarity in the part of the debotr. any f the debtor can pay or fulfill the obligation. Next the active solidarity, in part of the creditors where anyone of them can demand the fulfillment of entire obligation. Third, mixed solidarity, part of the debtors and creditors where each one of the debtor is liable to render and each one of the creditors has a right to demand entire compliance with the obligations. Article 1209-1212- There is joint indivisible obligation, the obligation is joint because the parties are merely propotionately liable. It is indivisible because object or subject matter is not physically divisible. Indivisibility distinguished from solidarity, refers to the prestation while solidarity refers to the juridical or ties that binds party. A solidarity creditor may act beneficial to the others but not act prejudicial because it can result to extinguishment of the obligationn but can cause damages to others. Article 1215- Solidary creditor has the choice to determine against whom he will enforce the collection. Article 1217- There are effects of payment by a solidary debtor one between the solidary debtors and creditors next among the solidary debtors and last among solidary creditor. Article 1222 Defense available to a solidary debtors; (1) defenses derived from the nature of the obligation. (2) defenses personal to, or which pertains to share of, debtor used. (3) defenses personal to other solidary debtors.
Isabel I. Lozada 1 BSA-A Here are my key takeaways: In Article 1207-1208, it gives enlightenment about the difference between an individual and collective obligation; in which, individual obligation has only one debtor and one creditor, while in the latter, there are two or more debtors and two or more creditors involved. Other than that, it was also mentioned about the dissimilarity between joint (wherein the entire obligation is bound to be paid or to be performed by the debtors proportionately) and solidarity (wherein the entire obligation is bound to be paid by each one of the debtors. The general rule is “Collective obligation presumed to be joint”. In addition, it also talks about the passive solidarity or the solidarity on the part of the debtors. Active solidarity or the solidarity on the part of the creditors. Lastly, mixed solidarity or the solidarity on the part of both the debtors and creditors. The general rule mentioned is that solidarity must be clearly expressed. In Article 1209, it merely speaks about the joint indivisible obligation. It states the object to be complied with by the debtors is not subject to division, but their liabilities are still considered as joint. In Article 1210, it is all about the dichotomy of indivisibility and solidarity. Indivisibility refers only to the object or prestation between parties, and when it comes to liability, only the debtor who is considered guilty is responsible for the damages. Solidarity pertain to the juridical tie that binds the parties, and when it comes to liability, all of the debtors will be considered liable. In Article 1211, it is still considered solidarity in the part of the creditors and debtors even there are deviations in the manner, periods, and conditions. In Article 1212, it states the each of the solidarity creditors can perform an act that will be fair to other creditors; otherwise, the obligation due to them may result into extinguishment. In Article 1213, it was simply explained that the said solidarity creditor cannot assign or transferring of rights without the consent of his co-creditors. In Article 1214, it talks about the payment of the debtor to his any of the solidary creditor; but if one of the solidary creditors demanded first, then the debtor must recognize him as his first priority. In Article 1215, it talks about novation, compensation, confusion, or remission of debts acts executed by any of the solidary creditors or debtors shall make the obligation to become extinguished. In Article 1216, it states that if the debt is still not paid completely then a solidary creditor can still choose to whom he will collect the debt in any one of the solidary debtors, some of the debtors, or all of the debtors. In Article 1217, it pertains about the payment made of one of the solidary debtors; and he who paid the debts from the creditors may claim the payment of his co-debtors only to their shares with corresponding interest if it is after due, but if it is not then there shall be no interest added. In Article 1218, if any of the solidary debtor paid after the obligation became prescribed and illegal, then he has no right to claim any share or payment to his co-debtors. In Article 1219, it pertains that if the payment has been fulfilled before remission, then the obligation is considered as extinguished, which means there shall be no remission to be made. If the payment is after the remission, the solution indebiti will arise. In Article 1220, there shall be no reimbursement made by a debtor to his co-debtors if his obligation’s remitted, since he did not spend any money to pay the creditor. In Article 1221, if the object or prestation became impossible without the fault of solidary debtors then the obligation is said to be extinguished. If there is fault committed by any one of the, then all of them will be liable. If due to fortuitous event but there is a delay, then all of them will be liable as well. In Article 1222, it is all about the defences of a solidary debtor. Defences from the nature of the obligation, from which is considered personal to him, or from which is considered personal to his co-debtors. Thank you so much, Atty! I gained a lot of knowledge with the help of your video lecture.
Roble, Ramilyn M. 1BSA-A Good Day, Sir. Here is the summary of my learnings from the video lecture about Section 4 Joint and Solidary Obligation. Article 1207 -This article states that if there are two or more creditors and two or more debtors it does not imply that each of them has the right to demand as well as each one of them complies with the prestation. This means that there is an only solidary liability if the obligation was expressly so state or when the nature of the obligation requires solidarity. Article 1208 - Tackles about the kinds of obligations according to the number of parties. It is an individual obligation when there is only one obligor and one obligee and it is a collective obligation when there are two or more debtors and two or more creditors and this may either be joint or solidary. - It is a Joint Obligation when the whole obligation was proportionately fulfilled by the different debtors and also be demanded proportionately by the different creditors. However, it is a Solidary Obligation when each other debtors is bound to render and one of the creditors is bound to demand from any of the debtors. - The Solidary Obligation is presumed to be joint if it is not expressly provided in the obligation. - There are kinds of Solidary Obligations according to the parties bound: (1)Passive Solidarity is in the part of the debtor wherein it states that any of the debtors can pay or fulfill the obligations to one creditor. (2)Active Solidarity is on the part of the creditor where any one of the creditors has the right to demand the fulfillment of the entire obligation to one debtor. (3)Mixed Solidarity is on the part of the creditor and the debtor where each one of them is liable to render and each one of them has a right to demand. While according to source: (1)Legal Solidarity is a solidarity that is imposed by law. (2)Conventional Solidarity is solidarity that is agreed upon by the parties. (3)Real Obligation is imposed by the nature of law. Article 1209 -This article talks about the joint indivisible obligation wherein the obligation can't be performed partially. Thus, it is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance. Article 1210 -This speaks about solidarity obligation and its difference from the indivisibility obligation. Wherein solidary obligation pertains to debtor whether they are held to be liable to perform the entire obligation while indivisibility obligation pertains to whether the obligation can perform in parts or not. Article 1211 -This article speaks about the kinds of solidary obligations according to the legal tie. It is consists of (1) Uniform when the parties are bound by the same stipulation. (2)Non-uniform or varied when parties are not subject to same stipulations. Article 1212 -This article said that solidary creditor may do whatever that is useful to other but not anything which may be prejudicial to others. Article 1213 -It is said that if one solidary creditor assigns his rights to another, it should have been agreed by other solidary creditors. He can't just assign without the consent of his co-creditors. Article 1214 -This article said that the debtor may pay one of the solidary creditors but if any demand has been made by one of them, then the debtor should pay him. Article 1215 -This tackles the effect of novation, compensation, confusion, or remission, it is said that if any of the following is present and made by any of the solidary creditors to any of the solidary debtors this extinguishes the obligations. Article 1216 -This tackles the right of the creditor to determine who he will enforce the collection. It can be either any one of the solidary debtors, some of the solidary debtors, or all of the solidary debtors. Article 1217 -This talks about the payment of solidary debtors. If one of the solidary debtors pays the creditor, he has the right to reimburse payment from his co-debtors. And if one of the debtors cannot because of insolvency, then his share shall be reimbursed by his co-debtors and there will be legal interest at the time of the payment. Article 1218 -This article speaks that if the obligation becomes illegal the paying solidary debtor shall not be liable or is not entitled to reimbursement from his co-debtors. Article 1219 -It speaks about the remission made by the creditor to one of the solidary debtors which states that the debtor is not released from his responsibility toward his co-debtors, in case the debt had been paid before the remission was effected. This is to prevent fraud Article 1220 -This states that if one of the solidary debtors obtain a remission to the whole obligation, he is not entitled to reimbursement from his co-debtors because there was no payment made. Article 1121 -This tackles the liability if a prestation has been lost or becomes impossible. If the prestation was loss without fault before a delay, the obligation is extinguished. If the loss due to a solidary debtor, all debtors are liable for price and damages but can recover from the negligent debtor. And if without the fault after delay, all debtors are now liable for everything. Article 1222 -This tackles the defenses available to solidary debtor: (1)Defenses derived from the nature of the obligation. (2)Defense personal to, or which pertain to share of, debtor used. (3) Defenses personal to the other solidary debtors. Thank you, Atty. for this video lecture.
Serrano, Kaela B 1BSA-A Good Day Atty, Here are my takeaways under this lesson Article 1207 talks about solidary obligation wherein each one of the debtors is bound to render and each of the creditor has a right to demand from any of the debtors. Article 1208 talks about joint obligatkons wherein it is paid or fulfilled by the debtors proportionately. Article 1209 deals with joint indivisible obligation. The obligation is joint because parties are proportionately liable but because the object is not physically divisible, it is called joint indivisible obligation Article 1210 States that solidarity does not implied when the obligation is indivisible. Since indivisibility refers to prestation while solidarity refers to the juridical tie which binds the parties. Article 1211 states that even though the debtors and creditors are not bound in the same manner, periods or conditions, solidarity may still exist. Article 1212 A solidary creditor may do any act that is beneficial to the others but he cannot do any act prejudicial to them. Article 1213 state sthat a solidary creditor cannot assign his rights without the consent of others. Article 1214 if there is a demand to pay to this creditor, the debtor shall pay to him. But if it is not stated, the debtor can pay to any of the solidary creditor. Article 1215 Talks about the extuingshment of the obligation which are Novation, compensation, confusion or remission of the debt. Article 1216 Is only applicable to solidary obligation wherein any one or some of all the solidary debtors simultaneously pay the debt as long as it is not fully collected. Article 1221 Deals with loss. If it is loss without failt and before delay, the obligation shall be extuingshed. If it is loss due to fault on the part of a solidary debtor, all lf the solidary debtors are liable for it is a mutual agency Article 1222 deals with defenses available to a solidary debtor in an actions filed by the creditor.
Alcain, Allyssa Grazielle S. 1BSA-B Here are the summary of what I have learned in this video: Art. 1207-1208 This articles talks about the two kinds of obligation: individual obligation where it has one obligee and one obligor and collective obligation whereas it has two or more obligee and obligor. There are two kinds of Collective Obligation: Joint obligation and Solidary Obligation. The general rule for this activity is the collective obligation presumed to be joint. Art. 1209 talks about joint indivisible obligation. It is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance. Art. 1210 pertains to the indivisibility distinguished from solidarity whereas indivisibility refers to the prestation while the solidarity refers to the juridical or legal tie. In indivisible obligation, i means that only the debtor guilty of breach of obligation is liable for the damages. On the other hand, on the solidary obligation, all of thr debtors are liable for the breach of obligation. Art. 1211 states that solidarity is existing even though the creditors and debtors are not bound to each other in terms of the manner and by the periods and conditions. In uniform solidary obligation, parties are bound with same stipulations while in non-uniform solidary obligation, parties are not subject to same stipulations. Art. 1212 This article states that the solidarity creditor may act beneficial to the others but it cannot preducial because it can result to extinguishment of the obligation. Art. 1216 talks about the solidary creditor wherein he/she has a will to choose to whom he/she will enforce the collection. It can be to anyone of the solidary debtors, to some of the solidary debtors or to all of the solidary debtors as long as it is not fully collected. Art. 1219 talks about that there are different effects in terms of payment before and after remission. Before Remission- obligation is extinguished After Remission- Solutio Indebiti arises. Art. 1221 pertains to loss. If the loss occurs without fault before delay, then the obligation is extinguished. If the loss occurs due to solidary debtor, then all the debtors are liable for price and damages but can recover from negligent debtor. But if the loss occurs without fault after delay, the all of the debtors are now liable for everything.
ALINTANAHIN, JERICHO B. PnC 1BSA-A ObliCon (A.Y. 2021) From this lecture, I have learned that obligation has 2 kinds and these are individual obligation and collective obligation. These two obligations vary when it comes to the number of obligee and obligor. In addition to this, collective obligation has 2 kinds also, these are joint and solidary obligations. When we say joint obligation, the debtors are proportionally liable to the obligation and the creditors are proportionally able to demand to the obligor. While, solidary obligation, the debtors are all liable and the creditors are all entitled to demand such performance from the obligor. Another thing that I have learned is that payment has effects to the solidary debtors and creditors. The paying obligor has the right to demand reimbursement from his co-debtors after the full payment while the receiving creditor has the obligation to distribute the payment to the others for their corresponding shares. Also, I have realized that remission may arise if it is given by the creditor and if the obligor accept it. So, these are summarization of the things that I have learned. Thank you for your discussion Atty. Narciso Reyes Jr. and keep safe.🤗❤
PACHECO, LIANNE CAMILLE A.
PAMANTASAN NG CABUYAO
1-BSA-A
Good Day, Atty. Reyes! After watching your video lecture, I've learned so much about Section 4 - Joint and Solidary Obligations under Chapter 3.
Article 1207-1208 talks about the kinds of obligations according to the number of parties. In an Individual Obligation, there is only one obligor and one obligee; while in a Collective Obligation, there can be two or more debtors and two or more creditors, which can be joint or solidary.
Joint Obligation is where each debtor is proportionately liable; while in Solidary Obligation, each one of the creditors has a right to demand entire compliance with the prestation.
The general rule is: In the case of collective obligation, the obligation is presumed to be joint. In case of doubt as to whether the obligation is joint and/or solidary, then it is to be presumed as joint.
Kinds of Solidary Obligation (according to the parties bound): (1) Passive Solidarity (many debtors, only one creditor) - solidarity on the part of the debtor; any of the debtors can pay or fulfill the obligation. (2) Active Solidarity (one debtor, many creditors) - solidarity on the part of the creditors, where any one of them can demand the fulfillment of the entire obligation. (3) Mixed Solidarity - solidarity on the part of both debtors and creditors. Solidary Obligation (according to source): (1) Legal Solidarity, (2) Conventional Solidarity, (3) Real Obligation.
Article 1209 talks about the Joint Indivisible Obligation - the liability of the debtors are divided proportionately among themselves, it cannot be partially performed.
Article 1210 defines Solidarity as the obligations of the debtors; whether the debtors can be held liable to perform the entire obligation, and it also refers to the juridical or legal tie that binds the parties. It also defines Indivisibility as to whether obligations can be performed in parts or not; it refers to the prestations.
Article 1211 talks about the kinds of solidary obligation according to the legal tie: (1) Uniform - this is when the parties are bound by the same stipulations; (2) Non-Uniform or varied - when the parties are not subject to the same stipulations.
Article 1212 - the solidary creditor may act beneficial to others but cannot act prejudicial because it can result in the extinguishment of the obligation but can cause damages to others.
Article 1213 states that in the absence of consent given by the others, a solidary creditor cannot assign his rights to a third person because each creditor represents the others and the assignee may not have the confidence of the original solidary creditors. If the assignment is made to a co-creditor, the consent of the other creditors is not necessary.
Article 1214 says that each of the solidary creditors can demand the performance of the entire obligation, and if you are a solidary debtor, you can pay to any solidary creditor the entire obligation and the obligation will be extinguished.
Article 1215 tackles the liability of a solidary creditor in case of novation, compensation, confusion, or remission of the debt.
Article 1216 says that the solidary creditor has the choice to determine against whom he will enforce the collection: (1) Any one of the solidary debtors, (2) some of the solidary debtors, or (3) all of the solidary debtors. So long as the debt has not been fully collected.
Article 1217 talks about the effects of payment by a solidary debtor: (1) Between the solidary debtors and creditors, (2) Among the solidary debtors, and (3) among the solidary creditors.
Article 1218 states that the 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.
Article 1219. If the payment of debt is made before remission, the obligation is extinguished. If the payment is made after remission, solutio indebiti arises.
Article 1220 declares that there is no right to reimbursement in case of remission.
Article 1221 specified that if there's a loss without fault before a delay, the obligation is extinguished. If the loss is due to a solidary debtor, all the debtors are liable for price and damages but can recover from the negligent debtor. If there's a loss without fault after a delay, all debtors are now liable for everything.
Article 1222 identified the defenses available to a solidary debtor: (1) defenses derived from the nature of the obligation, (2) defenses personal to, or which pertain to share of the debtor sued, and (3) defenses personal to other solidary debtors.
THANK YOU SO MUCH ATTY. REYES! KEEP SAFE AND GOD BLESS!
Dacillo, Mia France
1BSA-A
Pamantasan ng Cabuyao
Thank you, Attorney. For making a video to fully understand the Joint and Solidary Obligation is.
In article 1207 stated that if there are two or more debtors and creditors in one or same obligation, it does not mean that each debtor has a right to demand, and each creditor is bound to render. Solidary liability will arise when expressly stated or when the law requires.
Article 1208 refers to the presumption of dividing equal shares between debtors and creditors unless the stipulation provided the amount.
Individual Obligation - one obligee or one obligor.
Collective Obligation - One where there are two or more debtors or two or more creditors. It comprises joint and solidary obligation.
Joint Obligation - Paid or fulfilled proportionately by different debtors and proportionately demanded by different creditors.
Solidary Obligation - One of the debtors is bound to render and one of the creditors has a right to demand.
Article 1209 is about joint indivisible obligation as it is the middle ground between solidary and joint obligation. It means that the joint obligation is indivisible in a sense that the prestation of the debtor can be complied at once and it is not divided. It is also applied to creditors if the division is impossible.
Article 1210 states that if the obligation is indivisible, it does not mean it is solidary because indivisibility exists with only one debtor and creditor and the others are not liable in case one debtor is insolvent. In solidary, there are two debtors and creditors, and they are proportionately liable in case of violation.
Article 1211 may exist even when debtors and creditors may not be bound in same manner and conditions.
Article 1212 pertains to solidary creditors wherein each one of them may do an act that is useful to others, but they cannot do something that is prejudicial because it may result to the extinguishment of the obligation and can cause damages.
Article 1213 expressed the absence of consent given by the others hinders the creditor to assign his right to a third person.
Article 1214 This article states that if you are a solidary debtor you can pay to any of the solidary creditor, the entire obligation can pay all at once. Exceptionally, if one of them is on demand.
Article 1215 introduces the liability of solidary creditor in case of novation, compensation, confusion or remission.
Article 1216 This provision is not applicable to joint obligation. The choice is left to the solidary creditor to determine against whom he will enforce collection.
Article 1217 stated the payment made by one of the solidary debtors extinguishes obligation. If two or more offers to pay, choose which offer to accept.
Article 1218 Paying debtor cannot get any reimbursement. When the obligation has become illegal, it terminates. There would be no more obligation to fulfill.
Article 1219 Remission is condoned by the creditor. If payment is made before, remission has no effect but when the remission is made after, solution indebiti arises. This provision secures equality and justice to the paying debtor in as much as the payment benefits his co-debtors.
Article 1220 refines that in case of remission, there is no right to reimbursement.
Article 1221 specified that if there's a loss without fault before a delay, the obligation is extinguished. If the loss is due to a solidary debtor, all the debtors are liable for price and damages but can recover from the negligent debtor. If there's a loss without fault after a delay, all debtors are now liable for everything.
Article 1222 states the available defenses of solidary debtor in actions filed by the creditor.
THANK YOU PO, ATTY.
Good day po Atty.
I'm Jericho G. Bariring from 1 BSA - A in Pamantasan ng Cabuyao.
Here are my takeaways from this video lecture about the Joint and Solidary Obligations.
Article 1207 - It talks about the concurrence of two or more creditors or of 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 the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity.
Article 1208 - States that if from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits.
Article 1209 - States that if the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors.
Article 1210 - The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.
Article 1211 - Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions.
Article 1212 - Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter.
Article 1213 - A solidary creditor cannot assign his rights without the consent of the others.
Article 1214 - The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him.
Article 1215 - Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219.
Article 1216 - It talks about that the creditor may proceed against any one of the solidary debtors or some or all of them simultaneously.
Article 1217 - Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept.
Article 1218 - 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.
Article 1219 - The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected.
Article 1220 - The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.
Article 1221 - States that if the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished.
Article 1222 - A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible.
Thanks Atty! God bless you! :))
SANCHEZ, JAYSHEL MAY P.
1BSA-B
PAMANTASAN NG CABUYAO
Thank you, Atty, for the discussion about Joint and Solidary Obligations this are the things that I learned.
Article 1207 - 1208
-Talks about the different kind of obligation.
According to the parties bound:
passive solidarity- Any of the debtor can pay or fulfill the obligation (many debtors, only one creditor) while the Acticve solidarity where anyone of them can demand the fulfillment of tge entire (one debtor, many creditors) and the; Mixed solidarity is part of debtors and creditors.
Article 1209
-speaks of joint indivisible obligation. It is as to liabilities of the debtor or rights of the creditors but indivisible as to compliance. The obligation constitute the middle ground between a joint and solidarity obligation.
Article 1210
-the indivisibility of an obligation does not necessarily give rise to solidarity obligation. Solidarity pertains to the obligation of the debtors can be liable to perform the obligation while the indivisibility refers as to whether the obligation can be performed in part or not.
Article 1211
-Is about solidarity may exist although the creditors and the debtor may not be bound in the same manner and by the same periods and conditions.
Article 1214
- Each of the solidary creditors can demand the performance of the entire obligation, if you are solidary debtors you can pay to solidary creditors an the obligation will be extinguished but if any of the solidary creditor will demand for the payment then you have to pay him.
Article 1215
-is all about novation, compensation, confusion,or remission of debts that complied to any of the solidary creditors or debtors shall be extinguished the obligations.
Article 1216
-The solidarity creditors has the choice to determine against whom he will enforce the collection. It can be any one of the solidary debtors, some of them as long as the debt has not been fully collected.
Article 1219
-The remission made by the creditors of the share which affects one of the solidary debtors does bot release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was affected.
- different effects in terms of payment before remission the obligation is extinguished and after remission the solutio indebiti is arises.
Article 1221
-Talks about loss, even if the things is loss but the obligor has already incurred delay, the obligation will not be extinguished.
Article 1222
Defense available to a solidary debtors;
(1) defenses derived from the nature of the obligation.
(2) defenses personal to, or whicg pertains to share of, debtor used.
(3) defenses personal to other solidary debtors.
Reyes, Zhellie Mae
1-BSA-A
Thank you for this informative lecture Atty. For this video lecture, I learned about the distinctions between 2 kinds of obligations which are individual obligation and collective obligation. When we talk about individual obligation, it only consists of one obligor and one obligee while collective obligation has two or more obligor and the obligee. In addition to that, under the collective obligation, the video lecture also helped me understand the difference between a joint and solidary obligation. In a joint obligation, the obligation must be paid proportionately by the different debtors and can be demanded proportionately by the different creditors. On the other hand, a solidary obligation is when each one of the debtors is bound to render payment of fulfillment of the obligation as well as each one of the creditors has a right to demand entire compliance with the prestation. I also learned about the general rule that collective obligation is presumed to be joint. There are also kinds of solidary obligation which can be according to the parties bound, (passive, active, mixed solidarity) and one which is according to source, (legal solidarity, conventional solidarity, and real obligation).
Now, Article 1209, the article is about joint indivisible obligation. It is considered as joint in the sense of the liabilities of debtors and creditor proportionately makes them liable but its compliance is indivisible in the sense that presentation cannot be performed partially while having each debtor liable proportionately. On the other hand, Article 1210 states that the indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. The article also provides certain distinctions of indivisibility and solidarity whereas indivisibility refers to the prestation, while solidarity refers to the legal tie that binds the parties, and in case of a breach, in indivisibility, only the debtor who is guilty of a breach is liable for damages while in solidary, all of the debtors are liable for the breach of the obligation committed by a co-debtor. Moreover, indivisibility can still exist even if there is only one debtor and one creditor, while in solidarity, there should be at least 2 debtors and 2 creditors. When speaking of insolvency, in indivisible obligations, the others are not liable to incase of insolvency of one debtor, while in solidary, the others are proportionately liable. Article 1211 is about how solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Article 1212 states that solidary creditor may act beneficial to others but not act prejudicial because it can result in the extinguishment of the obligation and can cause damages to others. The video lecture also helped me understand the choices that a solidary creditor has when determining who will he enforce the collection. It can be either one, some, or all of the solidary debtors as long as the debt has not been fully collected. Article 1217 shows the effects of payment by a solidary debtor such as if it is between the solidary debtors and creditors. Full payment by one of the solidary debtors extinguishes the obligation. While in among solidary debtors. Its effects lie after the full payment of the debt. The paying solidary debtor can demand reimbursement from his co-debtors. If one becomes insolvent, he shall be liable for his share. Now for the perspective of among solidary creditors. The receiving creditor is jointly liable to the others for their corresponding shares. Article 1219 talks about different effects in terms of payment before remission of debt and after the debt have been remitted. Payment before remission extinguishes the obligation while payment after remission gives rise to solutio indebiti. It also talks about the consequences upon the remitted debtor before and after remission as well as when a co-debtor becomes insolvent. Before remission, the remitted debtor is liable if the paying debtor is paid in full. While in after remission, the remitted debtor is not liable if the paying debtor is paid in full. And lastly, when a co-debtor becomes insolvent, the remitted debtor is liable only for the co-debtors share. As to what Article 1221 states, it speaks about the liability that a debtor may have in case of loss. If it is lost without the fault before the delay, the obligation is extinguished. While if it is due to a solidary debtor, all debtors are liable for price and damages but can recover from the negligent debtor. And lastly, if it without fault after delay, all debtors are now liable for damages also in solidary obligation, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors. For article 1222, it shows the defenses available to a solidary debtor. It refers to an action filed by the creditor and the defenses available to the part of the debtor
Again, thank you for this video lecture Atty. God bless.
Cas, Jeddah Mae C.
1 BSA - A
Good Day Atty! Below here are what i've learned after watching the video, it is summarized per article based on my understandings on each part, it is as follows:
Article 1207 - This article states that "There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity."
Article 1207-1208 - Under this two article there are kinds of obligation such as folows:
(a) Individual Obligation
(b) Collective Obligation
·Kinds of solidary obligations
According to the parties bound:
(a) Passive Solidarity- Solidarity on the part of the debtor
(b) Active Solidarity- Solidarity on the part of creditor
(c) Mixed Solidarity- Solidarity on the part of the debtors and creditors
·General rule is that collective obligation presumed to be joint
Article 1209 - This article applies to joint indivisible obligation as the prestations or object are not susceptible of division, and the solidarity are not being provided.
Article 1210 - This article states that the liability in an indivisible obligation may be either joint or solidary. Then in a solidary obligation the subject matter may be divisible or indivisible
Article 1211 - This article states that solidary obligation can be bound by different terms and conditions
Article 1212 - This article states that each one of the solidary conditions may perform acts that will be beneficial to each other.
Article 1213 - This article states that each solidary creditor represents each other and that the assignee does not have the right to assign his without the consent of the others
Article 1214 - "The debtor may pay any of the solidary creditors; but if demand, judicial or extrajudicial, has been made by one of them, payment should be made to him"
·It states that to whom the debtor must pay to any of the solidary creditors; Exception: The payment must be made to solidary creditor who made a demand
Article 1215 - This article states that solidary creditor has the choice to determine against whom he will enforce the collection
Article 1216 - This article applies to passive solidarity and also to mixed solidarity. It also applies to solidary obligation and not to joint.
Article 1217 - This article states the recovery of payment. "When one of thesolidary debtors cannot, because of his insolvency, reimbursehis share to the debtor paying the obligation, such share shallbe borne by all his co-debtors, in proportion to the debt ofeach."
Article 1218 - This article states that solidary debtor payment shall not entitle him to reimbursement from his co-debtors after the obligation if such payment has been made
Article 1219 - This article states that the remission which being made by the creditor of thw share which may affect one of the solidary debtor does not release the latter of his responsibility towards the co-debtor.
·It is only applicable if one of the solidary debtor paid the entire obligation to the creditor.
Article 1220 - "The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors."
·This article only applies if the remission covers the whole or the entire obligation.
Article 1221 - This article speaks of loss:
·Without fault before delay then obligation is extinguished
·Due to a solidary debtor
·Without fault after delay
Article 1222 - This article talks about solidary debtors have defenses on their own.
Meriño, Leann Rain E.
1BSA-A
Good day, Atty. Reyes. Here are some key points that I learned upon seeing this video.
(Article 1207-1208) Tackles about the two kinds of obligations according to the number of prestation. Whereas individual obligation pertains to one obligor and one obligee only and collective obligation refers to two or more debtors and two or more creditors. Under the collective obligation, there are two kinds of obligation and with the help of this discussion, it distinguished the Joint and Solidary Obligation to me clearly. And based on the video, as a general rule, in collective obligation, it is presumed to be joint.
(Article 1209) Talks about joint indivisible obligation. Debtors are liable proportionately therefore, prestation cannot be performed partially. This constitutes the middle ground between joint and solidary obligations.
(Article 1210) Distinguished between indivisible and solidary obligation. Wherein, indivisibility refers to prestation and the obligation can be performed partially or comply all at once. On the other hand, solidary obligation refers to a juridical tie where the prestation may be divisible or indivisible.
(Article 1211) Kind of solidary obligations. Either uniform, with the same stipulations or manner, and non-uniform/varied, they are not subject to the same stipulations or manner.
(Article 1212) Solidarity creditors may act beneficial to others but not act prejudicial because it can result in the extinguishment of the obligation but can cause damages to others.
(Article 1213) A solidary creditor cannot assign his rights without the consent of the others.
(Article 1214) On the other hand, if you are the debtor, you can pay any one of the solitary creditors and the obligation will be extinguished however, if any demand, judicial or extrajudicial, has been made by one of them, then you have to pay him
(Article 1215) The creditor who executed such as acts novation, compensation, confusion, or remission of the debt shall be liable to other co-creditor.
(Article 1216) As long as the debt has not been fully paid or collected, solidary creditors have the right to choose whom he will enforce the collection. It can be either one of the solidary obligors, some of the solidary obligors, or all of them.
(Article 1217) The effect of payment by a solidary debtor between the solidary creditors and solidary debtors, among solidary debtors, and among solidary creditors.
(Article 1218) If payment made by a solidary debtor becomes prescribed or illegal, he has no right to reimburse his payment to his co-debtors.
(Article 1219) Talks about what will happen before and after remission. Before the remission, the obligation is extinguished. After remission, solution indebiti arises. On the other hand, the debtor must prove the remission by a creditor to release him from responsibility towards his co-debtor.
(Article 1220) No right to reimburse from his co-debtor if the whole obligation is remitted because it can cause unjust enrichment.
(Article 1221) Talks about the liability if the prestation is loss or has become impossible.
(Article 1222) Discusses defenses available to a solidary debtor.
Thank you again, Atty. for this video lecture and God bless.
Aragon, Kensheisha R.
1-BSA-B
Good day Atty! These are the summary of what I've learned this video lecture about Joint and Solidary Obligation.
Article 1207-1208 talks about joint and solidary obligation wherein solidary obligation each one of the creditors have the right to demand and have to comply with the obligation. While joint are two or more debtors and creditors on the same obligation and the compliance and payment will be given proportionately. There are kinds of solidary obligation according to the parties bound which is the passive active, and mixed solidarity obligation. And according to source is legal solidarity , conventional solidarity, and real obligation.
Article 1209 refers to joint invisible obligation wherein joint only as to liabilities but invisible with regard to compliance.
Article 1210 talks about the dichotomy between solidarity and invisibility of obligation. Which states that solidarity does not implied when the obligation is invisible. Since indivisibility refers to prestation while solidarity refers to the juridical tie that binds the parties.
Article 1211 talks about solidary obligations which states that the parties may be bound with same stipulations or it may be varied.
Article 1212 States the prejudicial act of solidary creditor will result to extinguisment of obligation. That means the solidary creditor made to any act provided that is beneficial or useful to others but not act prejudicial.
Article 1216 states that solidary creditor has the choice to determine against whom he will enforce the collection it is not applicable to joint obligation but only as regards to solidary obligation.
Article 1217 talks about the effect of payment of solidary debtor. Which states the effect of payment made by one of the solidary debtors it said that the full payment of one of the server adapters will distinguished the contract but if there are two directors the creditor can choose on which payment he will collect.
Article 1218 states that if the payment of the suicide debtor is illegal, then the other debtors is not liable for the payment of their share.
Article 1219 Speaks about the effect of remission of share after the payment. Which states that if payment is made before remission, obligation is extinguished but if payment is made after the remission solutio indebiti arises.
Article 1220 states the remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement for his co debtors. This is because the remitted depth or paid nothing to the creditor. No right to reimbursement in case of remission
Article 1221 talks about lost state that lost without the fault before delay extinguishes the obligation loss due to solidary debtor makes all the debtors liable but can recover the negligent debtor.
Article 1222 state the defenses available to the solidary debtor can be defenses derived from the nature of the obligation, defenses personal to, which pertain to share of, debtor sued, defenses personal to other solidary debtors.
Thank you! Atty. for a wonderful discussion about joint and solidary obligation. Godbless
Bumatay, Ma. Leah B.
1 BSA-A (Pamantasan ng Cabuyao)
Good day, Atty. These are the summary of what I’ve learned in this video.
Articles 1207-1208. There are 2 kinds of obligation which are Individual Obligation (there is only one debtor and one creditor in a contract) and Collective Obligation (there are two or more debtor and two or more creditors.) Under collective obligation, it has 2 classification which are Joint Obligation ( the whole obligation is to be paid or fulfilled proportionately by the different debtors and demanded proportionately by the different creditors. This is the presumption in all collective obligation unless solidarity is expressly stated) and Solidary obligation (each one of the debtors is bound render, and/or each creditor has the right to demand from any of the debtors, the entire compliance with the prestation. There are different kinds of solidarity obligation according to the parties bound namely, passive, active, and mixed. (General rule: Collective obligation presumed to be joint; Solidarity is not presumed. The presumption, there are two or more person in the same obligation, that it is joint.)
Article 1209. This article applies to joint indivisible obligation because the prestation or object is not susceptible of division, and solidarity is not provided.
Article 1210. “The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.” Indivisibility means the character of a subject matter or object of a contract which does not permit its division or segregation without destroying its essence or substance.
Article 1211. Under this article, even when creditors and debtors may not be bound in the same way or by the same period and conditions, solidarity may occur. Solidarity has two forms which are, Uniform (debtors are bound by the same terms and conditions or stipulations); and Non-uniform/Varied ( debtors are not subject to the same terms and conditions of payment but to different secondary stipulation or clauses.)
Article 1216. Solidary creditor has the choice to determine against whom he will enforce the collection. It can be either from anyone of the solidary debtors, some of the solidary debtors, or all of the solidary debtors.
Article 1221. It talks about the rules when a thing has been lost or if the prestation has become impossible to perform. (A) When Loss is without the fault of debtor and before delay, the obligation is extinguished; (B) when Loss is due to a solidary debtors, all of them are liable for price and damages but can recover from the negligent debtor; (C) and if Loss without fault after delay, all debtors are liable for everything.
Article 1222. It gives the defenses available to a solidary debtors.
1. Defenses derived from the nature of the obligation.
2. Defenses personal to, or which pertain to share of debtor sued.
3. Defenses personal to other solidary debtors.
Thank you for explaining Joint and Solidary Obligation, Atty. Reyes. God bless.
PAMPLONA, MARY ANTOINETTE V.
1BSA-A
Good day, Atty. Reyes! Thank you for this very informative video. Here are my takeaways from this episode:
Article 1207 states that "The concurrence of two or more creditors or of 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 the prestation.
There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity.”
Article 1208 states that "If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits.”
The general rule is: Collective obligation presumed to be joint.
There are 2 kinds of obligation. In an individual obligation, there is one obligee and one obligor. While in a collective obligation, there are two or more obligees and two or more obligors.
2 Kinds of Collective Obligation:
1) Joint obligation
- Paid or fulfilled proportionately by the debtors
- Is to be demanded proportionately by the different creditors
2) Solidary Obligation
- Each one of the debtors is bound to render payment or fulfillment of the obligation
- Each one of the creditors has a right to demand entire compliance with the prestation
Kinds of Solidary Obligation:
a) According to the parties bound
i. Passive solidarity - Solidarity on the part of the debtor. Any of the debtors can pay or fulfill the obligation (many debtors, only one creditor)
ii. Active solidarity - Solidarity on the part of the creditors, where any one of them can demand the fulfillment of the entire obligation (one debtor, many creditors)
iii. Mixed solidarity - Solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand, entire compliance with the obligation
b) According to the source
iv. Legal solidarity - Solidarity imposed by law
v. Conventional solidarity - Solidarity is agreed upon by the parties
vi. Real obligation - Imposed by the nature of law
Solidarity is not presumed. The presumption, there are two or more persons in the same obligation, is that it is joint.
Article 1209 speaks of a joint indivisible obligation. It is joint in the sense that the liability of the debtors are divided proportionately among themselves but it is indivisible in the sense that it can only be complied all at once. It cannot be partially performed.
Article 1210 presents the dichotomy between indivisibility and solidarity of obligation. Solidarity pertains to the obligation of the debtors -whether the debtors can be held liable to perform for the entire obligation. Indivisibility pertains as to whether the obligation can be performed in parts or not.
Indivisibility distinguished from solidarity:
* Indivisibility refers to the prestation, while solidarity refers to the juridical or legal tie that binds the parties.
* In indivisible obligations, only the debtor guilty of breach of obligation is liable for damages (Arts. 1209, 1224.), thereby terminating the agency, while in solidary obligations, all of the debtors are liable for the breach of the obligation committed by a co-debtor (Art. 1221.), for solidarity among them remains.
* Indivisibility can exist although there is only one debtor and one creditor, while in solidarity, there must be at least two debtors or two creditors.
* In indivisible obligations, the others are not liable in case of insolvency of one debtor, while in solidary obligations, the others are proportionately liable.
Note: The first sentence of Art. 1210 simply means that the liability in an indivisible obligation may be either joint or solidary. The second sentence means that in a solidary obligation, the subject matter may be divisible or indivisible.
Article 1211 discussed that there is solidarity even if there are variation in terms of the manner by which the obligation is to be performed or there can be solidarity even if the solidary debtors have different periods and conditions in the performance of their obligation.
*Uniform - Parties bound with same stipulations
*Non-uniform/Varied - Parties are not subject to same stipulations
In Article 1212, solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others.
Article 1213 states that "A solidary creditor cannot assign his rights without the consent of the others.”
In Article 1214, since each of the solidary creditors can demand the performance of the entire obligation, then if you are a solidary debtor, you can pay to any of the solidary creditors the entire obligation. You don't need to divide the payment to all of them. Now you can pay one solidary creditor and the obligation will be extinguished except if any of the solidary creditors will demand for the payment then you have to pay to him.
Article 1215 states that "Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of article 1219. The creditor who may have executed any of these acts, as well as he who collects the debts, shall be liable to the others for the share in the obligation corresponding to them.”
In Article 1216, solidary creditor has the choice to determine against whom he will enforce the collection. It can be either:
1. Any one of the solidary debtors
2. Some of the solidary debtors
3. All of the solidary debtors
so long as the debt has not been fully collected
Article 1217 discussed the effects of payment by a solidary debtor:
a) Between the solidary debtors and creditor(s) - full payment made by one of the solidary debtors extinguishes the contract but the creditor has the right to choose which payment to accept if two or more solidary debtors offer to pay (in full).
b) Among solidary debtors - after the full payment of the debt, the paying solidary debtor can demand reimbursement from his co-debtors for their proportionate shares with the interest only from the time of payment wherein the obligation becomes joint. If one becomes insolvent, he shall be liable for his share.
c) Among solidary creditors - the receiving creditor is jointly liable to the others for their corresponding shares.
Article 1218 states that “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.”
Under Article 1219, remission was discussed. Remission means that it was condoned by the creditor. Before remission, obligation is extinguished. After remission, solutio indebiti arises. It is necessary for the debtor to prove the remission to the payment to release him from responsibility towards his co-debtors. This is to prevent fraud whereby the creditor remits the share of a particular debtor. This secures the equality and justice to the paying debtor in as much as the payment benefits his co-debtors.
Article 1220 states that "The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.”
- This is because the remitted debtor pays nothing to the creditor.
In Article 1221:
a) Without fault before delay - Obligation is extinguished
b) Due to a solidary debtor - All debtors are liable for price and damages but can recover from the negligent debtor
c) Without fault after delay - All debtors are now liable for everything
Even the thing is lost but the obligor has already incurred delay, the obligation is not extinguished.
*As far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors.
*If the creditor recovers the price and damages from the negligent debtor, the negligent debtor cannot claim reimbursement from the others because he alone was at fault.
*If the thing to be delivered belong to the negligent debtor, only he is liable to damages and interest.
Article 1222 tackled about the defenses available to a solidary debtor which are:
1. As far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors.
2. If the creditor recovers the price and damages from the negligent debtor, the negligent debtor cannot claim reimbursement from the others because he alone was at fault.
3. If the thing to be delivered belong to the negligent debtor, only he is liable to damages and interest.
Conta, Emmanuel P.
1BSA-A
Thank you for the video lecture Atty.
Article 1207
States that if there are two or more creditors and two or more debtors it does not imply that each of them has the right to demand as well as each one of them complies with the prestation. This means that there is an only solidary liability if the obligation was expressly so state or when the nature of the obligation requires solidarity.
Article 1208
It is about the kinds of obligations according to the number of parties. It is an individual obligation when there is only one obligor and one obligee and it is a collective obligation when there are two or more debtors and two or more creditors, and this may either be joint or solidary.
The general rule is: Collective obligation presumed to be joint.
There are 2 kinds of obligation. In an individual obligation, there is one obligee and one obligor. While in a collective obligation, there are two or more obligees and two or more obligors.
2 Kinds of Collective Obligation:
1) Joint obligation
- Paid or fulfilled proportionately by the debtors
- Is to be demanded proportionately by the different creditors
2) Solidary Obligation
- Each one of the debtors is bound to render payment or fulfillment of the obligation
- Each one of the creditors has a right to demand entire compliance with the prestation
Kinds of Solidary Obligation
According to the parties bound:
•Passive Solidarity - debtor's solidarity wherein one of them can be made liable for the fulfillment of obligation
•Active Solidarity - creditor's solidarity wherein any one of them can demand the fulfillment of the entire obligation
•Mixed Solidarity - solidarity among debtors and creditors where each one of the debtors is liable to render and each of the creditors has a right to demand
According to source:
•Conventional Solidarity - solidarity is agreed upon by the parties
•Legal Solidarity - solidarity is imposed by the law
•Real Solidarity - solidarity is imposed by nature of obligation.
Article 1209
This article talks about the joint indivisible obligation wherein the obligation can't be performed partially. Thus, it is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance.
Article 1210
This speaks about solidarity obligation and its difference from the indivisibility obligation. Wherein solidary obligation pertains to debtor whether they are held to be liable to perform the entire obligation while indivisibility obligation pertains to whether the obligation can perform in parts or not.
Article 1211
This article speaks about the kinds of solidary obligations according to the legal tie.
It is consists of:
(1) Uniform when the parties are bound by the same stipulation.
(2)non-uniform or varied when parties are not subject to same stipulations.
Article 1212
This article said that solidary creditor may do whatever that is useful to other but not anything which may be prejudicial to others.
Article 1213
It is said that if one solidary creditor assigns his rights to another, it should have been agreed by other solidary creditors. He can't just assign without the consent of his co-creditors.
Article 1214
This article said that the debtor may pay one of the solidary creditors but if any demand has been made by one of them, then the debtor should pay him.
Article 1215
Introduces the liability of solidary creditor in case of novation, compensation, confusion, or remission.
Article 1216
Discusses the right of the creditor to determine who he will enforce the collection. It can be either any one of the solidary debtors, some of the solidary debtors, or all of the solidary debtors.
Article 1217
discusses the effect of payment of solidary debtor. The obligation is extinguished if one of the solidary debtors made the payment, however, if two or more solidary debtor offers to pay, the creditor has the right to choose which payment to accept. The solidary debtor may reimburse from his co-debtors what he has paid, but only the share that corresponds to each, with an interest for the payment already made.
Article 1218
This article speaks that if the obligation becomes illegal the paying solidary debtor shall not be liable or is not entitled to reimbursement from his co-debtors.
Article 1219
States the different effects in terms of payment before and after remission. This is to prevent fraud
Article 1220
States that "The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.”
Article 1221
Discusses about the liability if a prestation has been lost or becomes impossible. If the prestation was loss without fault before a delay, the obligation is extinguished. If the loss due to a solidary debtor, all debtors are liable for price and damages but can recover from the negligent debtor. And if without the fault after delay, all debtors are now liable for everything.
Article 1222
The general rule of this article states that you can freely set up the defenses pertaining to yourself, or to the other solidary debtors.
Gonzales, Karl Wilson M.
1 BSA - A
Pamantasan ng Cabuyao
Here are some of the things I understood after I watched this video:
Article 1207 and 1208 highlights about the two kinds of obligations: (1) Individual Obligation and (2) Collective Obligation. There are different kinds of Collective Obligations and that is (1) Joint Obligation is paid or fulfilled proportionately by the different debtors while in Solidary Obligation, each of the debtor is bound to render the fulfillment of the obligation. I have also known the General Rule: In case of collective obligation, the obligation is presumed to be joint. Article 1209 talks about joint indivisible obligations wherein the liability of the debtors are divided proportionately among themselves, and that it is indivisible in the sense that it can only be complied all at once. Article 1210 then speaks that the indivisibility of the obligation does not always give rise to solidarity, nor that the solidarity or itself imply divisibility. Article 1211 states that solidarity can also exist even though the debtors and creditors is not bound in the same manner or period. Article 1212 states that each one of the solidary creditors may do whatever may be useful to the others, but not anything which may
be prejudicial to the latter. If a solidary creditor performs an act which is not fair to his co-creditors, the act may have valid legal effects or the
obligation of the debtor due to them may be extinguished, but the performing creditor shall be liable to his co-creditors. Article 1213 talks about the transferring of rights wherein a solidary creditor cannot assign his rights without the consent of the others. Article 1214 states that a debtor can pay any of the solidary creditors but if a demand was made, payment should be made to him. Article 1215 talks about the novation, compensation and confusion or remission of the debt made by any of the solidary creditor shall extinguish the obligation. Article 1216 says that if there is passive solidarity, the creditor can proceed against any of the solidary debtors, some of the solidary debtors or all of them. Article 1217 then speaks that payment made by one of the solidary debtors extinguishes the obligation. Now if two or more solidary debtors offer to pay the creditor, he may choose which offer to accept. Article 1218 talks about reimbursement wherein payment of a solidary debtor shall not entitle him to reimbursement from his co-debtors if the payment is made after the obligation has prescribed or become illegal. Article 1219 states that The remission made by the creditor of the share which affects one of the solidary debtors does not release the
latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. Article 1220 talks about the remission of the whole obligation obtained by one solidary debtor, does not entitle him to reimbursement because he did not spend any money, the remission being a gratuitous act. Article 1221 talks about the consequences if the thing has been lost or if the prestation has become impossible. Article 1222 talks about the remedies of solidary debtor wherein he may avail himself of all defenses which are derived from the
nature of the obligation and of those which are personal to him, or pertain to his own share.
Francisco, Yvonne Lee R.
1 BSA - B
Here are some of my notes from this video:
• Article 1207-1208 talks about the different kinds of obligation as to number of parties. Individual obligation refers to one obligee and one obligor. Collective obligation pertains to two or more obligee and obligor. On the other hand, there different kinds of collective obligation: joint obligation and solidary obligation.
• Article 1209 speaks of a joint indivisible obligation. It is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance. This obligation constitutes the middle ground between a joint obligation and a solidary obligation.
• Article 1210 presents the dichotomy between indivisibility and solidarity of obligation. Solidarity it pertains to the obligation of the debtors whether the debtors can be held liable to perform for the entire obligation while indivisibility pertains as to whether the obligation can be performed in parts or not.
• Article 1211 is about kinds of solidary obligation according to the legal tie. They are uniform and non-uniform or varied.
• Article 1212 - Solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others.
• Article 1214 - Each of the solidary creditor can demand the performance of the entire obligation, then if you are a solidary debtor you can pay to any of the solidary creditor or the entire obligation. You do not need to divide the payment to all of them. You can pay one solidary creditor and obligation will be extinguished except that if any of the solidary creditor will demand for the payment then you have to pay him.
• Article 1216 - Solidary creditor has the choice to determine against whom he will enforce the collection. It can be either any one of the solidary debtors, some of the solidary debtors and all of the solidary debtors as long as the debt has not been fully collected.
• Article 1217 is about the effect of payment by a solidary debtor between the solidary debtors and creditor(s), among solidary debtors, and among solidary creditors.
• Article 1219 talks about the remission where it was condoned by the creditor. It is necessary for the debtor to prove the remission to the payment to release him from responsibility towards his co-debtors.
• Article 1220 - If the solidary debtor goes to the solidary creditors and asks for the remission of the debt for the condemnation of the debt since there is no payment, the solidary debtor is not entitled for reimbursement from his co-debtors, otherwise, it will amount to unjust enrichment because there was no payment made only remission of the debt. This is because the remitted debtor pays nothing to the creditor.
• Article 1221 talks about loss. Even if the thing is lost but the obligor has already incurred delay, the obligation is not extinguished. In case of loss without the fault of the debtor and before delay then the obligation is extinguished (these two must concur).
• Article 1222 - The rule here is that you can set up the defenses pertaining to yourself or to the other solidary debtors.
Armando, Aliyah Czarina R.
1 BSA-A
Good day Atty. thank you for making this video, it helped to understand the lessons. Here are my takeaways from the lectured video.
Section 4. Joint and Solidary Obligations
l Article 1207-1208- General Rule: Collective obligation presumed to be joint.
Kinds of obligations according to the number of parties
ü Individual Obligation- one debtor and one creditor
ü Collective Obligation- two or more debtors and two or more creditors
Meaning of Joint and Solidary Obligations
ü Joint obligation- whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors.
ü Solidary obligation- each one of the debtors is bound to render, and/or each one of the creditors has a right to demand from any of the debtors
When obligation solidary.
ü The obligation expressly so states
ü The law requires solidary
ü The nature of the obligation requires solidary.
Kinds of solidarity.
According to the parties bound:
ü Passive solidarity- many debtors, only one creditor
ü Active solidarity- one debtor, many creditors
ü Mixed solidarity- each one of the debtors is liable to render and each one of the creditors has a right to demand
According to source:
ü Conventional solidarity- solidarity is agreed upon by the parties
ü Legal solidarity- solidarity is imposed by the law
ü Real solidarity- solidarity is imposed by the nature of the obligation
l Article 1209
Joint indivisible obligation- the obligation is joint because the parties are merely proportionately liable. The object or subject matter is not physically divisible into different parts.
l Article 1210- The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.
l Article 1211- Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions.
Kinds of solidary obligation according to the legal tie.
ü Uniform- parties are bound by the same stipulations
ü Non-uniform or varied- parties are not subject to the same stipulations
l Article 1212- The article means that solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others.
l Article 1213- A solidary creditor cannot assign his rights without the consent of the others.
l Article 1214- The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him.
l Article 1215
*Novation, compensation, and remission are modes or causes of extinguishment of obligations.
l Article 1216
Solidary creditor has the choice to determine against whom he will enforce the collection. It can be either;
ü Any one of the solidary debtors
ü Some of the solidary debtors
ü All of the solidary debtors
l Article 1217
Effects of payment by a solidary debtor
ü Between the solidary debtors and creditor(s)- payment made by one of the solidary debtors extinguishes the obligation
ü Among the solidary debtors- after payment of the debt, the paying solidary debtor can demand reimbursement from his co-debtors for their proportionate shares with interest only from time of payment.
ü Among the solidary creditors- the receiving creditor is jointly liable to the others for their corresponding shares.
l Article 1218- Payment by a solidary debtor shall not entitle him to reimbursement form his co-debtors if such payment is made after the obligation has prescribed or become illegal.
Prescriptive periods of actions.
“By prescription one acquires ownership and other rights through the lapse of time in the manner and under the conditions laid down by law”.
l Article 1219- The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected.
Payment Effect
Before remission Obligation is extinguished
After remission Solutio Indebiti arises
Remitted Debtor Consequences
Before remission Liable if the paying debtor paid in full
After remission Not liable if the paying debtor paid in full
When a co-debtor becomes Liable only for the co-debtor’s share
Insolvent
l Article 1220- The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors
l Article 1221
Rules in case thing has been lost or prestation has become impossible.
ü Loss is without fault and before delay- obligations is extinguished
ü Loss is due to fault on the part of a solidary debtor- all debtors are liable from price and damages but can recover from negligent debtor
ü Loss is without fault but after delay- all debtors are now liable for everything
l Article 1222
Defenses available to a solidary debtor.
Defenses derived from the nature of the obligation
Defenses personal to, or which pertain to share of debtor sued.
Defenses personal to other solidary debtors.
Aggabao, Princess Joy B.
1BSA-A'
PNC
Good day Atty. Here are some of my take away after reading the book and watching your video lecture. Thank you for helping me understand it more. There are two kinds of collective obligation the first one is the joint obligation whereas it is paid or fulfilled and is divided among different debtors and it is to be demanded proportionately by different creditors. (ART 1208) Solidary obligation, is where either one of each of the debtor and creditor is bound to perform or has the right to demand for fulfillment. (ART 1207)
The joint indivisible obligation refers to being joint as to the liabilities of debtors and the rights of creditors, but indivisible in a way where the object or subject matter is not physically divisible into different parts. This constitute as the middle ground between a joint and solidary obligation. (ART 1209) The distinction between the indivisible and solidary obligation is that indivisibility refers to a prestation and the liabilities of an obligation may either joint or solidary. While solidary pertains to the juridical tie where the subject matter may be divisible/indivisible. (ART 1210)
There is a solidarity even though there is a variation in terms of the manner by which the obligation is to be performed. And there can be a solidarity even if the solidary debtor have diff. period or conditions. (ART 1211) While a solidary creditor may act in useful way in the representation of its co-creditor, but cannot act prejudicial because it will result to the extermination of the obligation (ART 1212) Solidary debtor cannot assign his right to the third person unless there is a consent of co-creditor (1213) Debtor may choose who will received his payment among solidary creditor unless there is a demand, the payment should be made to him (1214) The creditor who executed such acts (novation, compensation, confusion, or remission of the debt) shall be liable to other co-creditor. (1215) The choice is left w/ the creditor to determine whom he will enforce his right to the performance of the obligation. and the solidary debtor shall not take it as an obstacle as long as the duty has not been fulfilled. (1216) In solidary debtor, either one is bound to comply therefore the fulfillment of one of them extinguishes the obligation. He who has made the payment is entitled to the reimbursement by his co-debtor of their share in the obligation. (1217) If the payment of the solidary debtor is made in an illegal or prescribe way he is not entitled to reimburse by his co-debtor. (1218) When one of the active solidary cancel his share, it will not release that part of the debtor that is affected. When the payment i made before remission, c0-debtors are still to reimburse to the debtor who complied. If the remission is made before payment and payment has been made the principle of solutio indebiti arises. Note: In case one of the debtor became insolvent, that remitted debtor is still obliged to contribute to the shre of that insolvent debtor. (1219) No right to reimburse if the whole obligation is remitted (1220) If loss w/o fault obligation is extinguish; w/o fault but incurred delay all is responsible for everything. If loss through fault, all is responsible but can recover to that negligent co-debtor. (1221) And lastly Art. 1222 refers to an action filed by creditor and the defenses available to the part of debtor (nature, personal, personal to othe solidary debtor)
Ortega, Annaztacia
1 BSA - A (PNC)
Good day atty. These are the some takeaways regarding this video. According to Article 1207, the concurrence of two or more creditors or of 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 the prestation. In addition, according to article 1208, if from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit and debit shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. In these articles, there are kinds of obligations, the individual and collective. And there are also kinds of collective, the joint and solidary. The general rules for these articles is collective obligation presumed to be joint.
There are also kinds of solidary obligation, the passive, active, and mixed. Hence, the kinds of solidary are legal solidarity that imposed by law, conventional that is agreed upon by the parties, real that imposed by the nature of law.
According to Article 1209, if the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share. Besides, in article 1210, the indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. Indivisibility refers to the prestation, while solidarity refers to the juridical or legal tie that binds the parties while in indivisible obligation, only the debtor guilty of breach of obligation is liable for damages.
Moreover, according to article 1211, solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Hence, in article 1212, each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. But solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others. Nevertheless, in article 1213, a solidary creditor cannot assign his rights without the consent of the others.
In article 1214, the debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him. Moreover, according to article 1215, novation, compensation, confusion, or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of the article 1219. Also, in article 1216 and 1217, the creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. The payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept.
In addition, according to 1218, payment by 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. Hence, in article 1219, the remission made by the creditor of the share which affects one of the solidary debtor does not release the latter from his responsibility towards the co-debtors, in case the debt has been totally paid by anyone of them before the remission was effected. Moreover, according to 1220, the remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.
Aliah Greicel E. Lacanilao
1BSA-A
Pamantasan ng Cabuyao
Summary of my learnings:
• There is a solidary liability only when the obligation expesses so states or when it requires solidaity.
• Collective obligation is considered to be joint.
Kinds of Solidary Obligation:
1. Passive Solidarity - in the part of the debtor (many debtors, one creditor)
2. Active Solidarity - in the part of the creditor (one debtor, many creditors)
3. Mixed Solidarity
4. Legal Solidarity
5. Conventional Solidarity
6. Real Obligation - imposed by the nature of law
• Solidarity is not presumed.
• The indivisibility of an obligation does not imply solidarity and solidarity does not imply indivisibility.
• Solidarity may exist although the creditors and debtors may not be bound in the same manner and by the same periods and conditions.
• Each one of the solidary creditors may do whatever that may be useful to others but do anything that may be prejudicial to them.
• A solidary creditor cannot assign his rights without others' consent.
• The debtor may pay any one of the solidary creditors but if any demand has been made to one of them, it should be paid to him.
• The creditor who committed novation, compensation, confusion or remission of the debt shall be liable to the other creditors for the share in obligation corresponding for them.
• The creditor can demand payment from any one of the solidary debtors or all of them as long as the debt has not been fully collected.
• Payment from any solidary members extinguises the obligation. In case that two or more offers to pay, the creditor may choose which one to accept. The paying solidary debtor can demand reimbursement from his co-debtors unless if the payment is made after the obligation has prescribed or become illegal.
• The remission of the whole obligation, obtained by one solidary debtors, does not entitle him to reimburse from his co-debtors.
• If the thing is lost or if the prestation becomes impossible without the fault of the solidary debtors, the obligation is extinguished. If one of them is at fault, all debtors are liable but can recover from the negligent debtor. If without fault but there is a delay, all of them is liable.
Defenses available to a solidary debtor:
1. Defenses derived from the nature of the obligation
2. Defenses personal to debtor sued
3. Defenses personal to other solidary debtors
Miranda, Ranegel Anne R.
PNC
1BSA - B
I have learned in this video about the Section 4 which is the Joint and Solidary Obligations (Article 1201 to Article 1222).
Under Article 1207 and 1208 is about the kinds of obligation according to the number of parties, (1) Individual Obligation - one obligee and one obligor and (2) Collective Obligation - two or more obligee and obligor. The kinds of Collective Obligation are joint obligation and solidary obligation. GENERAL RULE: Collective obligation is presumed to be joint. In case of doubt if an obligation is a joint or solidary, the it is to be presumed as joint. The kinds of Solidarity Obligation: (1) According to parties bound are Passive solidarity (the solidarity is in the part of the debtor), Active solidarity (solidarity on the part of creditors), and Mixed solidarity (solidarity on the part of debtors and creditors). (2) According to source: legal solidarity, conventional solidarity, and real solidarity. Remember: Solidarity is not presumed. The presumption, there are two or more persons in the same obligation, is that it is joint.
Article 1209 is about the joint indivisible obligation. Joint indivisible obligation is the middle ground between a joint and solidary obligation. The obligation is joint because the parties are merely proportionately liable.
Article 1210 is about the indivisibility and solidary of obligation. The indivisibility is the prestation while the solidarity is the legal tie that binds the parties. Note that the first sentence of this article means that the liability in the indivisible obligation may be either joint or solidary. The second sentence means that in the solidary obligation, the subject matter may be divisible or indivisible.
Article 1211 talks about the kinds of solidary obligation according to the legal tie, (1) Uniform - the parties are bound with same stipulations, and (2) Non-Uniform or varied - the parties are not subject to same stipulations.
Article 1212 means that the solidary creditor may do any act that can be beneficial or useful to others but not act prejudicial because that can result to the extinguishment of the obligation and can cause damages to others.
Article 1213 is about the assignment of the solidary creditor of his rights. The solidary creditor cannot assign his rights to others without the consent of the latter.
Article 1214 is about the payment to any of the solidary creditors. The rule is that the debtor may pay any one of the solidary creditors.
Article 1215 talks about the liability of solidary creditor in case of novation, compensation, confusion, or remission.
Under Article 1216 is that the solidary creditor has the choice to determine against whom he will enforce the collection and can either be anyone one of the solidary debtors, some of the solidary debtors or all of the solidary debtors as long the debt has not been fully collected.
Article 1217 is about the effects of the payment of the solidary debtor. If between the solidary debtors and creditor(s), the full payment made by one of the solidary debtors extinguishes the contract, but the creditor has the right to choose which payment to accept if two or more solidary debtors offer to pay in full. If among the solidary debtors, after full payment of the paying solidary debtor, he can demand reimbursement from his co-debtors for their proportionate shares. If one becomes insolvent, he shall be liable for his share. If between the solidary creditors, the receiving solidary creditor is jointly liable to the others for their corresponding share.
Article 1218 talks about the effect of payment after obligation has prescribed or become illegal.
Under Article 1219 is about the effects of remission of share after payment. The effect of payment BEFORE remission is that the obligation is extinguished, while the effect of payment AFTER remission is that the solutio indebiti arises. It is necessary for the debtor to prove the remission to the payment to release him from responsibility towards his co-debtors. The consequence of the remitted debtor BEFORE remission is that liable if the paying debtor paid in full. The consequence of the remitted debtor AFTER remission is that not liable if the paying debtor paid in full. The consequence of the remitted debtor when a co-debtor becomes insolvent is that liable only for the co-debtor’s share.
Article 1220 is about the debtor who obtains remission pays nothing to the creditor. This article only applies if the whole obligation is remitted. No right to reimbursement in case of remission.
Article 1221 talks about the rules in case the things have been lost or prestation has become impossible. In case of loss without fault before delay then the obligation is extinguished. In case of loss due to a solidary debtor, all debtors are liable for the price and damages but can recover from the negligent debtor. Lastly in case of loss without fault after delay then all debtors are now liable for everything.
Article 1222 is about the defenses available to the solidary debtor: (1) defenses derived from the nature of the obligation, (2) defenses personal to, or which pertain to the share of, debtor sued, and (3) defenses personal to other solidary debtors. The rule is that you can set up the defenses pertaining to yourself or to the other solidary debtors.
Thank you for this video lecture, Atty.
Melendrez, Jonalyn C.
1 BSA-B
Good day Atty! Here are my key takeaways from this video lecture:
∆Section 4: Joint and Solidary Obligation
•Article 1207 stated that if there are two or more debtors and creditors in one or same obligation, it does not mean that each debtor has a right to demand and each creditor is bound to render. Solidary liability will arise when expressly stated or when the law requires.
• Article 1208 refers to the presumption of dividing equal shares between debtors and creditors unless the stipulation provided the amount.
• Individual Obligation - Has one obligee or one obligor
• Collective Obligation - One where there are two or more debtors or two or more creditors. It comprises joint and solidary obligation
• Joint Obligation - Paid or fulfilled proportionately by different debtors and proportionately demanded by different creditors.
• Solidary Obligation - One of the debtors is bound to render and one of the creditors has a right to demand.
• General Rule: Collective Obligation presumed to be joint unless expressly provided by stipulation.
∆KINDS OF SOLIDARY OBLIGATION
According to the parties bound:
•Passive Solidarity - debtor's solidarity wherein one of them can be made liable for the fulfillment of obligation
•Active Solidarity - creditor's solidarity wherein any one of them can demand the fulfillment of the entire obligation
•Mixed Solidarity - solidarity among debtors and creditors where each one of the debtors is liable to render and each of the creditors has a right to demand
According to source:
•Conventional Solidarity - solidarity is agreed upon by the parties
•Legal Solidarity - solidarity is imposed by the law
•Real Solidarity - slidarity is imposed by nature of obligation.
•Article 1209 refers to joint indivisible obligation, joint as to liabilities of debtors or rights of creditors but indivisible as to compliance.
•Article 1210 states that solidarity does not arise because of the indivisibility of obligation nor solidarity implies indivisibility.
•Under this article, indivisibility and solidarity distinguished.
•Indivisibility
- Prestation
- Only debtor is liable for damages in guilty of breach of obligation.
- It can exist even if there is only one debtor and one creditor.
- The others are not liable when one debtor becomes insolvent
•Solidarity
- Juridical/Legal tie that binds the ties
- All of the debtors are liable for the breach of obligation committed by a debtor.
- There must be atleast two debtors or two creditors.
- The other debtors are proportionately liable when one debtor becomes insolvent.
•Article 1211 may exist even when debtors and creditors may not be bound in same manner and conditions.
•Article 1212 stated that solidarity creditor may do any act beneficial to the others but cannot perform any act prejudicial to them
•Article 1213 expressed the absence of consent given by the others hinders the creditor to assign his right to a third person
•Article 1214 is all about the payment to any of the solidary creditors.
•Article 1215 introduces the liability of solidary creditor in case of novation, compensation, confusion or remission.
•Article 1216 provides the right of creditor to proceed against any solidary debtor.
•Article 1217 stated the payment made by one of the solidary debtors extinguishes obligation. If two or more offers to pay, choose whick offer to accept.
•Article 1218 explicates the effect of payment after obligation has prescribed or become illegal.
•Article 1219 clear ups the effect of remission of share after payment.
•Article 1220 refines that in case of remission, there is no right to reimbursement.
•Article 1221 simplifies the rule when thing has been lost or prestation become impossible.
•Article 1222 states the available defenses of solidary debtor in actions filed by the creditor.
Thank you for this video lecture, Atty! Through this, I was able to understand and distinguished joint and solidary obligation.
Geminiano, Hanna Rian T.
1BSA-A
After watching this video lecture, I have gained knowledge of Solidary and Joint Obligations. Actions of debtor or obligor to the obligation in joint obligations is to pay or fulfill proportionately their obligations. While in solidary obligations, each one of the debtor is bound to render payment or fulfillment of the obligation. On the other hand, actions of creditor or obligee to the obligation in joint obligation is to demand proportionately to the debtors, while in solidary obligations, each one of the creditors has a right to demand entire compliance with the prestation. I have also learned about the kinds of solidary obligation. Passive solidarity is solidarity in the part of the debtor. Any of the debtor can pay or fulfill the obligation. In active solidarity on the part of creditors, anyone of them can demand the fulfillment of the entire obligation. And in mixed solidarity, solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand, entire compliance with the obligation. It is also stated in the video that solidarity is not presumed. The presumption, there are two or more persons in the same obligation, is that it is joint obligation.
I have also learned about joint indivisible obligations in article 1209. It is a joint obligation as to liability of debtors or rights of the creditors but is indivisible as to their compliance. Indivisibility pertains to if the obligation can be performed in parts or not. Moreover, liability in an indivisible obligation may be either joint or solidary. In a solidary obligation, the subject matter may be divisible or indivisible. There are solidarity even if there is variation in manner, period or conditions. Uniform solidary obligation is where parties are bound with same stipulation and Non-uniform/varied solidary obligation are where parties are not subject to same stipulations. In addution, solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation and can cause damage to others. Also, solidary creditor cannot assign his rights without the consent of the others. It is also stated in the video, the debtor may pay any one of the solidarity creditor except when a creditor demands payment.
Another topic that I fully understood is that the solidary creditors has the choice to determine against whom he will enforce the collection. It can be either: anyone of the solidary debtors, some of the solidary debtors, or all of the solidary debtor. So long as the debt has not been fully collected. I was also able to comprehend the effects of payment of solidary debtor before and after remission. Another learning is about the loss and liability in solidary obligations. When the loss is without the fault and before delay, the obligation is extinguised. If it is due to a solidary debtor, all debtors are liable for price and damages but can recover from the negligent debtor. And if it is without fault after the delay, all debtors are now liable for everything. As far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors. If the creditor recovers the price and damages from the negligebt debtor, the debtor cannot claim reimbursement from others. Lastly, I was able to comprehend the defenses available to a solidary debtor. The defenses could be derived from the nature of the obligation; defenses personal to,or which pertain to share of, debtor sued; defenses personal to other solidary debtors.
Misa, Jodelyn C.
1BSA-A
Hello, Atty. Reyes! This video discussed the kinds of collective obligation, Joint and Solidary obligation. Joint obligation is paid or fulfilled proportionately by the different debtors and it is demanded proportionately by the different creditors. Solidary obligation is each one of the debtors is bound to render payment or fulfillment of the obligation and each one of the creditor has a right to demand the entire obligation.
Furthermore, Article 1207-1208 that tackle the collective obligation presumed to be joint. There are kinds of solidary obligation according to parties, the passive solidarity which is any of the debtor can pay or fulfill the obligation, active solidarity is anyone of them can demand the fulfillment of the entire obligation and mixed solidarity is the solidarity on both parties. In addition, the solidarity according to source are legal solidarity, conventional solidarity and real obligation.
Moreover, Article 1209 is about Joint Indivisible Obligation which is the middle ground between joint and solidary obligation. Joint indivisible obligation is the liabilities of the debtors are divided proportionately among themselves but is inidivisible in the sense that it can only be complied all at once it cannot be partially performed.
Lastly, Article 1211 talks about solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Article 1213 states that a solidary creditor cannot assign his rights without the consent of the others.
Thank you Atty. Reyes!
Malayo, Christine B.
1BSA-A
PNC
Good day Atty. After watching this video lecture here are my takeaways:
In article 1207, there is solidary liability only when the obligation is expressly stated or when the law or nature of the obligation requires solidarity. Article 1208, If from the law, or the nature or the wording of the obligations to which of the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many equal shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. Article 1209, If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share.
Article 1210, the indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. In Article 1211, solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. In Article 1212, each one of the solidary creditors may do whatever may be useful to the others, but not anything which maybe prejudicial to the latter. Article 1213 clearly stated that the a solidary creditor cannot assign his right without the consent of the others. Article 1215, Novation, compensation, confusion, or remission of the debt, made by any solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. The creditor who may have executed any of these acts, as well as he who collects the debts, shall be liable to the others for the share in the obligation corresponding to them.In Article 1216, The creditor may proceed against anyone of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. Article 1217, Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. Article 1218, 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. Article1219, the remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility toward the co debtor, in case the debt had been totally paid by anyone of them before the remission was effected. Article 1220, the remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. Article 1221 clearly stated that if the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished.
Article 1222, a solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part for which the latter are responsible.
Thank you Atty.
Galuz, Lotus Anne A.
1BSA - A
Pamantasan ng Cabuyao
Articles 1207-1208 talk about the kinds of obligations: the individual with one obligee and obligor and a collective obligation with two or more obligee and obligor. The two types of collective obligations: joint and solidary.
Article 1209 implies that the debtors' liability is proportionately divided among themselves.
rticle 1210 the indivisibility distinguished from solidarity whereas indivisibility refers to the prestation while the solidarity refers to the juridical or legal tie.
Article 1211 Solidary obligation could be uniform which means that parties bound with the same stipulation, and non uniform when parties are not subject to same stipulations.
Article 1212 solidary creditor may act beneficial to others but not act prejudicial due to the fact that it can result to the extinguishment of an obligation.
Article 1213 expressed the absence of consent given by the others hinders the creditor to assign his right to a third person.
Article 1214 This article said that the debtor may pay one of the solidary creditors but if any demand has been made by one of them, then the debtor should pay him.
Article 1215 it talks about novation, compensation, confusion, or remission of debts acts executed by any of the solidary creditors or debtors shall make the obligation to become extinguished.
Article 1216 states that the creditor may go against any one of the solidary debtors or some or all of them simultaneously.
Article 1217 Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept.
Article 1218 tells that a solidary debtors' payment would not entitled him from any reimbursement from his co-debtors if it is paid after the obligation become unlawful
Article 1219 Talks about what will happen before and after remission. Before the remission, the obligation is extinguished.
Article 1220 states the remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement for his co debtors
Article 1221 In solidary obligation, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors.
Article 1222 Defenses available to a solidary debtor can be defenses derived from the nature of the obligation, defenses personal to, which pertain to share of, debtor sued, defenses personal to other solidary debtors.
ty Atty!
Aromin, Maria Concepcion B.
1BSA-A
Articles 1207-1208. There are 2 kinds of obligation which are Individual Obligation (there is only one debtor and one creditor in a contract) and Collective Obligation (there are two or more debtor and two or more creditors.) Under collective obligation, it has 2 classification which are Joint Obligation ( the whole obligation is to be paid or fulfilled proportionately by the different debtors and demanded proportionately by the different creditors. Article 1209. This article applies to joint indivisible obligation because the prestation or object is not susceptible of division, and solidarity is not provided.Article 1210. “The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.” Indivisibility means the character of a subject matter or object of a contract which does not permit its division or segregation without destroying its essence or substance. Article 1211. Under this article, even when creditors and debtors may not be bound in the same way or by the same period and conditions, solidarity may occur. Solidarity has two forms which are, Uniform (debtors are bound by the same terms and conditions or stipulations); and Non-uniform/Varied ( debtors are not subject to the same terms and conditions of payment but to different secondary stipulation or clauses.) Article 1212 stated that solidarity creditor may do any act beneficial to the others but cannot perform any act prejudicial to them.Article 1213 expressed the absence of consent given by the others hinders the creditor to assign his right to a third person.Article 1214 is all about the payment to any of the solidary creditors.Article 1215 introduces the liability of solidary creditor in case of novation, compensation, confusion or remission. Art. 1217 states that the payment made by one of solidary debtors will extinguish the obligation and if there are offer to pay by two or more solidary debtors, the creditor may choose which payment he should accept. The debtor who had the payment may claim it from his co-debtors but only their share in the debt.Article 1218 pertains to the payment of solidary debtor wherein the payment made does not entitle him the reimbursement from his co-debtors if the payment is made after the obligation becomes illegal.Article 1219 says that in case the payment has been made by anyone of the solidary debtors before the remission made by the creditor for the share that affects one of the solidary debtors does not release him from his responsibility from his co-debtors.Article 1220 states that one of the solidary debtors does not entitle him to reimbursement from his co-debtors when the remission of the whole obligation is obtained..Article 1221 states that the obligation is extinguished when the thing has been lost or the obligation has become impossible without the fault of solidary debtors. If there was fault by any one of them, all solidary debtors are liable for the price and payment of damages and interest to the creditor, without prejudice. If due to fortuitous event or delay, there are provisions to follow.Article 1222 refers to the solidary debtors’ defences derived from the nature of obligation where he can avail himself in case there are actions filed by the creditor.
Ellorda, Rishlene Jane S.
1 BSA-B ( Pamantasan ng Cabuyao)
Here are my notes after watching the video:
Article 1207-1208
Under this articles, there are different kind of of obligations as to number of obligee. Individual has one obligee and one obligor while in Collective Obligation, there is two or more obligee and two or more obligor.
There are different kinds of collective obligations:
Joint Obligations and Solidary Obligation.
The basic distinction in joint and solidary obligation is that joint obligation is each debtor is propotionately liable and in solidary obligation is each one is bound to fulfill the entire obligations.
In articles 1207-1208, the general is that collective obligation is presumed to joint.
There are kinds of Solidarity Obligation accdg. to the parties bound.
1. Passive Solidarity- solidarity on the part of the debtor that means any of the debtor can be required to fulfill.
2. Active Solidarity- solidarity on the part of the creditor where anyone of them can demand the fulfillment of the entire obligation
3. Mixed Solidarity- solidarity on the part of debtors and creditors, where each one of the debtors is liable to render and each one of the creditors has a right to demand.
In articles 1207-1208, solidarity is not presumed. The presumption, there are two or more persons in the same obligation, is that it is joint.
Article 1209, it speaks of a joint indivisible obligations that means it is joint in the sense of the liability of the debtors are divided proportionately among themselves and it is in indivisible in the sense that it can be only complied all at once, it cannot be partially performed.
Article 1210, it presents the dicotomy between the indivisibility and solidarity of obligations. Solidarity, it pertains to the obligations of the debtors, whether they are held liable to perform the entire obligations. Indivisibility, it pertains whether the obligations can be performed in parts or not.
Article 1211, Solidary obligations is uniform when the parties are bound with the same stipulations and it is non-uniform when the parties are not subject to the same stipulations.
Article 1212, solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others.
Under Article 1213, a solidary creditor cannot assign his rights without the consent of others.
Article 1214, the debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has benn made by one of them, payment should be made to him.
Article 1215, Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of article 1219.
Under Article 1216, the solidary creditor has a choice to determine against whom he will enforce the collection. It can be either; (1) Any one of the solidary debtors, (2) Some of the solidary debtors, and (3) All of the solidary debtors.
Article 1217, payment made by one of the solidary debtors extinguishes the obligation. (Effect of Payment) if two or more solidary debtora offer to pay, the creditor may choose which offer to accept.
The effects of payment by a solidary debtors and creditors:
1. Between the solidary debtor and creditor(s)
2. Among solidary debtors
3. Among solidary creditors
Article 1218, 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.
Article 1219, there are diff. effects in terms of payment before and after remission. Before remission, the obligation is extinguished. After remission, solutio indebity arises.
The consenquences of remitted debtor;
1. Before remission, liable if the paying debtor paid in full
2. After remission, not liable if the paying debtor paid in full.
3. When co-debtor becomes insolvent, liable only for the co-debtor's share
Article 1220, the remission of the whole obligation obtained by one of the solidary debtors, does not entitle him to reimbursment from his co-debtors.
Article 1221, it talks about loss.
Without fault before delay, obligation is extinguished.
Due to a solidary debtor, all debtors are liable for price and damages but can be recover from the negligent debtor.
Without fault after delay, all debtors are now liable for everything.
Article 1222, the defenses available to a solidary debtor;
1. Defenses derived from the nature of the obligation
2. Defenses personal to, or which pertain to share of, debtor sued.
3. Defenses personal to other solidary debtors.
Thank you, Attorney.
Uy, Joselle Angelu C.
1BSA-A
Pamantasan ng Cabuyao
Here are my key takeaways from this video:
- Article 1207 talks about solidary obligation wherein each one of the debtors is bound to render and each of the creditor has a right to demand from any of the debtors.
- Article 1208 talks about joint obligatkons wherein it is paid or fulfilled by the debtors proportionately.
- Article 1209 deals with joint indivisible obligation. The obligation is joint because parties are proportionately liable but because the object is not physically divisible, it is called joint indivisible obligation
- Article 1210 staates that solidarity does not implied when the obligation is indivisible. Since indivisibility refers to prestation while solidarity refers to the juridical tie which binds the parties.
- Article 1211 states that even though the debtors and creditors are not bound in the same manner, periods or conditions, solidarity may still exist.
- Article 1212, a solidary creditor may do any act that is beneficial to the others but he cannot do any act prejudicial to them.
- Article 1213 state sthat a solidary creditor cannot assign his rights without the consent of others.
- Article 1215. Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219.
- Article 1216. The creditor may proceed against anyone of the solidary debtors or some or all of them simultaneously.
- Article 1217. Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept.
- Article 1218. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has been prescribed or becomes illegal.
- Article 1219. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected.
- Article 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.
- Article 1221. As far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors.
- Article 1222. The article talks about the defenses available to a solidary debtor.
Papagayo, Monica L.
1BSA-B
Good day sir, here are my takeaways about the section 4: Joint and Solidary Obligation
Article 1207-1208
There are two kinds of Obligation the Individual obligation, where there are only one obligor and one obligee, while Collective Obligation has two or more obligee and obligor. Collective obligation has two kinds the joint obligation where it is demanded/ fulfilled proportionately by different debtors/creditors. In Solidary Obligation each one of the debtors/ creditors is bound/right to demand in the fulfillment/compliance of the obligation.
Kinds of Solidary Obligation
Passive Solidarity: many debtors, only one creditor
Active Solidarity: one debtor, many creditor
Mixed Solidarity: solidarity can be part of the debtors and creditors
Legal Solidarity: imposed by law
Conventional Solidarity: agreed upon by the parties
Real obligation: imposed by nature of law.
Article 1209- talks about joint indivisible obligation, this obligation constitutes as the middle ground between joint and solidary obligation.
Article 1210- states that the indivisibility of the obligation does nit necessary give rise to solidarity, nor does solidarity itself imply indivisibility. Indivisibility refers to prestation while solidarity refers to juridical or legal tie that binds the parties
Article 1211- states that solidarity may exist although the creditors and debtors may not be bound in the same manner, periosd and conditions.
Article 1212- states that each one of the solidary creditors may do whatever may be useful to the others, but not anything that may be prejudicial to the latter.
Article 1213- states that a solidary creditor cannot assign his right without the consent if the others.
Article 1214- states that the debtor may pay any one of the solidary creditor, except if any demand has made by one of them, payment should be made to him.
Article 1215- states that novation, compensation, confusion or remission of the debt may by any solidary creditor, solidary debtpr shall extinguish the obligation.
Article 1216- Solidary creditor has the choice t determine against whom he will enforce the collection.
Article 1217- states the effects of payment made by one the of the solidary debtors which extinguish the obligation
Article 1218- states that is such payments is made after the obligation has prescribed, payment by a solidary debtor shall not entitle him to reimbursement from his co-debtor.
Misa, Jannah Aliah
1BSA-A
Good day, Atty! Stated below are the things that I learned from your video.
Art. 1207-1208 discusses about the kinds of obligation based on the number of obligee and obligor. An individual obligation consists of 1 obligee and 1 obligor while collective obligation has 2 or more obligees and obligors. Joint obligation and Solidary obligation are the kinds of collective obligation which is differentiated by the actions of the debtor and the creditor. The general rule is, collective obligation is presumed to be joint unless it is expressed by the law or by the stipulation. There are different kinds of solidary obligation according to the parties bound (Passive solidarity, Active Solidarity, and Mixed Solidarity), and according to source (Legal solidarity, Conventional solidarity, and Real solidarity). Solidarity is not presumed.
Art. 1209 speaks of a joint indivisible obligation which is the liabilities of the debtors are divided proportionately among themselves (that is what makes it joint). It can be complied all at once (that what makes it indivisible) cannot be partially perfromed.
Art 1210 tells us about the indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. Indivisibility is the prestation while solidarity is the juridical or legal tie that binds the parties.
Art 1211. Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions.
Art 1212. Solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others.
Art 1213. A solidary creditor cannot assign his rights without the consent of the others.
Art 1214. The debtor may pay any one of the solidary creditors unless there is a demand made, judicially or extrajudicially, by one of them, the payment should be made to him.
Art 1215 states the liability of a solidary creditor in case of novation, compensation, remission, and confusion of the debt.
Art 1216 tackles about whom the solidary creditor can choose to enforce the collection.
Art 1217 speaks about the effects of payment by a solidary debtor (between the solidary debtors and creditors, among solidary debtors, and among solidary creditors.)
Art 1218 states that the 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.
Art 1219. It is necessary for the debtor to prove the remission to the payment to release him from responsibility towards his co-debtors to prevent fraud whereby the creditor remits the share of a particular debtor.
Art 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors because the remitted debtor pays nothing to the creditor.
Art 1221 talks about the rules when the object is lost and its liabilities or if the prestation has become impossible.
Art 1222 provides the defenses available to a solidary debtor which are defenses derived from the nature of the obligation, defenses personal to, or which pertain to share of, debtor sued, and defenses personal to other solidary debtors.
That's all. Thank you, Atty!
VINCENT N. ABELLA 1BSA-B
Good day, Atty. Here are some take away of what I've learned in this video,
in Article 1207-1208, the General Rule is Collective Obligation is presumed to be joint.
There are kinds of Solidary Obligation, the Passive, Active, and Mixed Solidarity.
And according to source, if the solidarity is imposed by law then it is called as Legal Solidarity, if agreed upon by parties, it is Conventional Solidarity, and if it is imposed by the nature of law, it is Real Obligation.
Solidarity is not presumed. The presumption, there are two or more persons in the same obligation, is that it is joint.
in Article 1209, speaks of a joint indivisible obligation, which it constitutes the middle ground between joint and solidary obligations.
in Article 1210, it states that the indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.
Indivisibility refers to the prestation, while solidarity refers to the juridical or legal tie that binds the parties. Indivisibility exist although there is only one debtor and one creditor, while in solidarity, there must be at least two debtors or two creditors.
in Article 1211, it states that solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions.
in Article 1212, said the each one of solidary creditors may do whatever may be useful to the other, but not anything that is illegal or that will not benefit the other.
in Article 1213, states that a solidary creditor cannot assign his right without the consent of the other creditors.
in Article 1214, it is said that debtor may pay any solidary creditors but there is an exception, that is if any creditor demanded judicially or extra-judicially, then the debtor should pay the one who made the demand.
in Article 1215, it is about the effect of novation, compensation, confusion or remission of debt made by solidary creditors or solidary debtors. The effect is that obligation is extinguished. The creditor who received the payment will be liable to the share of his co-creditors.
in Article 1216, it state that the creditor may enforce the collection to any solidary debtors, some of solidary debtors, or to all solidary debtors as long as the debt has not yet been fully collected.
in ARTICLE 1217, STATES THAT THE PAYMENT OF ANY OF THE SOLIDARY DEBTOR WILL EXTINGUISH THE OBLIGATION AND WILL ENTITLE THE PAYING DEBTOR TO DEMAND REIMBURSEMENT FROM HIS CO-DEBTORS. ON THE OTHER HAND, THE RECEIVING CREDITOR IS LIABLE TO HIS CO-DEBTORS FOR THER CORRESPINDING SHARES.
Thank you sir!
Lopez, Rea Mae P.
1BSA-A
Here are my key takeaways for this video:
Article 1207-1208 talks about the difference between individual and collective obligation wherein individual obligation has only one obligee and obligor while collective obligation has two or more obligee and obligor. It also discusses the different actions of debtor and creditor in joint obligation and solidary obligation. In joint obligation, it is fulfilled proportionately by different debtors and demanded proportionately by different creditors while in solidary obligation each of the debtors is bound in the fulfillment of obligation and the creditors have a right to demand the compliance with the prestation. It also said that collective obligation is presumed to be joint.
Article 1209 speaks of a joint indivisible obligation. It tells that the liabilities of debtors and rights of creditors are joint but indivisible as to compliance.
Article 1210 talks about the dichotomy between indivisibility and solidarity. Indivisibility refers to the prestation of the parties and only the debtor is liable for damages. While in solidarity it refers to the juridical or legal tie that connects the parties and all of the debtor or obligor are liable for the damages.
Article 1211 tells that solidarity may exist although the creditors and debtors may not be bound in the same manner, same periods and conditions.
Article 1212, talks that each of the solidary creditors may act beneficial or fair to others otherwise obligation will result in extinguishment.
Article 1213, said that a solidary creditor cannot assign his right without the consent of the others.
Article 1214, tells that the debtor may pay any one of the solidary creditors but he must pay first or prioritize the solidary creditor who demands.
Article 1215, talks about novation, compensation, confusion, or remission of debts compelled by any of the solidary creditors or debtors shall extinguish the obligation.
Article 1216, tells that creditors may proceed against any of the solidary debtors. The creditor has the right to choose on whom he will enforce the collection to any solidary debtors as long as the debt has not yet been fully collected.
Article 1217, states the effect of payment made by one of the solidary debtors. It said that the full payment of one of the solidary debtors will extinguish the contract but if there are two solidary debtors the creditor can choose on which payment he will collect. The solidary debtor who made the payment has the right to collect the share of his co-debtors together with interest.
Article 1218, said that payment made by a solidary debtor shall not liable to the other co-debtors if the payment made by the solidary debtor is illegal.
Article 1219, talks about the different effects in terms of payment before and after remission. If the payment is fulfilled before remission then the obligation is extinguished. If the payment is made after remission, then solutio indebiti will arise.
Article 1220, states that the remission of the whole obligation, obtained by one of the solidary debtors does not entitle him to reimbursement from his co-debtors. The debtor has no right to reimburse the payment in case of remission.
Article 1221, tells that if the object or prestation becomes impossible without the fault of the solidary debtors then the obligation is considered extinguished but if there was fault committed by any one of them, then all of them is liable for payment. If it is due to a fortuitous event and there is no delay the obligation is extinguished but if there is a delay, then all of them are still liable.
Article 1222, talks about the defenses of solidary debtors.
*Defenses derived from the nature of the obligation.
*Defenses personal to, or which pertain to share off, debtor sued.
*Defenses personal to other solidary debtors.
Thank you po Attorney for this video lecture. God bless you po.
Rodas, Mary Joy B.
1BSA-B
Pamantasan ng Cabuyao
Thank you Atty. for the video lectures.
Article 1207 and Article 1208: Collective obligation is presumed to be joint
Individual Obligation has one obligee and obligor while Collective Obligation has two or more obligee and obligor
Kinds of Solidary Obligation (parties bound)
a. Passive Solidarity- solidarity on the part of debtor
b. Active Solidarity- solidarity on the part of creditor
c. Mixed Solidarity- solidarity on the part of debtor and creditor
(Acc. to source)
a. Legal Solidarity- imposed by law
b. Conventional Solidarity- agreed by both parties
c. Real Obligation- imposed by the natural law
Article 1209: Joint Indivisible obligation
Article 1210: Indivisible Obligation, only the debtor is liable of breach of obligation and is liable for damages.
Article 1211:
Uniform Solidary Obligation- parties bound with same stipulations
Non-Uniform/ Varied- parties are not subject to same stipulation
Article 1219:
If the payment happened before remission then the obligation is extinguished
If the payment happened after remission then solution indebiti arises.
Article 1222:
Defenses available to a solidary debtor:
1. Defenses derived from the nature of the obligation
2. Defenses personal to, or which pertain share of, debtor sued.
3. Defenses personal to other solidary debtors.
Azagra, Mark Johndave A.
1 BSA-B PNC
Goodevening Atty. Here are the summary of what I've learned on this discussion.
Article 1207
Explain the concurrence of two or more creditors or of 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 the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity.
•Kinds of Collective Obligations
1.Joint Obligation- where the whole obligation is to be paid or fulfilled proportionately by the different debtors and demanded proportionately by the different creditors. This is the presumption in all collective obligation unless solidarity is expressly stated.
2.Solidary Obligation- where each one of the debtors is bound render, and/or each creditor has the right to demand from any of the debtors, the entire compliance with the prestation.
×Passive solidarity on the part of the debtor.
×Active solidarity on the part of the creditor.
×Mixed solidarity on part of both the debtors and creditors.
•According to Source
-Legal Solidarity
-Conventional Solidarity
-Real Obligation
Article 1207-1208
General Rules: Collective obligation presumed to be joint.
Article 1209
Explains the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share.
Article 1210
The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.
•Indivisibility diatinguished from solidarity.
• Indivisibility refers to prestation, while solidarity refers to the juriducal or legal tie that binds the parties.
Article 1211
Explains that solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions.
Article 1212
Explains that each one of the solidarity creditors may do whatever may be useful to the others, but not anything which may be prejudicual to the latter.
Article 1213
Explains the solidary creditor cannot assign his right without consent of the others.
Article 1214
Explains the debtor may pay one of the solidary creditor, but if any demand, judicial or extrajudicial, has been made by one of them, payment should made to him.
Article 1215
Explain the Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219.
Article 1216
Explain the creditor may proceed against anyone of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected.
Article 1217
Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept.
He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the debt is due, no interest for the intervening period may be demanded.
Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept.
When one solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying his obligation, such share shall be borne by all his co-debtors, proportion to the debt of each.
•Under Article 1217
~Effects of payment by a solidary debtor.
1. Between the solidary debtors and creditors.
2. Among the Solidary creditors.
3. Among the solidary creditors.
Article 1218
Explain the payment by a solidary debtor shall not entitle him tonreimbursement from his co-debtors if such payment is made after the obligation hasprescribed or become illegal.
Article 1219
Explain the REMISSION made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility toward the co debtor, in case the debt had been totally paid by anyone of them before the remission was effected
•Remission - release of a debt
•Remitted Debtor Consequences.
Article 1220
Explain the remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.
Article 1221
Explain that if thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished.
If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor.
If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply.
•Loss/Liability
Article 1222
Explain that a solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part for which the latter are responsible.
•Defenses available to a solidary debtor.
Thank you Atty. And Godbless.
Castillo, Rikka Marie B.
1BSA-A
PNC
Chapter 3 - Different Kind of Obligation
Section 4 - Solidary and Joint Obligation
Article 1207-1208
Kinds of obligation
1. Individual Obligation - there is one oblige and one obligor
2. Collective Obligation - two or more obligor and two or more oblige
Kinds of Collective Obligation
1. Joint Obligation - The whole obligation is proportionately divided among the number of debtors or creditors.
2. Solidary Obligation - Each one of the debtors have to comply the obligation and each of the creditor have the right to demand for the compliance of the obligation.
Kinds of Solidarity Obligation
1. Passive Solidarity - Solidarity in the part of the debtor where any of the debtor can fulfill the whole obligation.
2. Active Solidarity - The solidarity is in the part of the creditor where any one of them can demand the compliance or fulfillment of the obligation.
3. Mixed solidarity - The solidarity is in both parts were any of the debtor can comply the whole obligation and any of the creditors can demand the fulfillment of the obligation.
Article 1209 - This article is about joint indivisible obligation. The obligation is divided equally among the debtors and it must be complied at once.
Article 1210 - Indivisibility does not give rise to solidarity and solidarity does not imply indivisibility.
In indivisibility obligation, if the one of the debtors did not comply his own obligation, he is the one liable for the breach of obligation. In solidary obligation, if one of the debtors did not comply, all of the debtors will be liable for the breach of obligation.
Article 1211 - Solidarity may still exist even when there are different periods or conditions.
Uniform - bound by the same prestation
Non-uniform or varied - not subjected by the same prestation.
Article 1212 - Solidary creditor may do things that can be beneficial to the latter but no things that can be prejudicial to them.
Article 1213 - The rights of a solidary creditor is not transmissible without the consent of others.
Article 1214 - The debtor may pay to one solidary creditor and the obligation is extinguish except when one of the creditors demand the payment, the debtor shall pay to him.
Article 1216 - The solidary creditor has the right to choose who among the debtors he will enforce the fulfillment of the obligation. It can be any one, some, or all of the solidary debtors.
Article 1217 - if one of the solidary debtors pays, the obligation shall be extinguished. If two of the debtors offers to pay, the creditor can choose whose payment he’s going to accept. The one who pays the obligation can claim the payment that correspond to the share of his co-debtors with interest. If one of the solidary debtors cannot pay his share, all of the debtors will shoulder the share equally.
Article 1218 - The solidary debtor cannot ask for reimbursement from his co-debtors if the payment is made past due.
Article 1220 - The debtor who obtained the remission of the obligation does not have a right to ask for reimbursement from his co-debtor.
Article 1221 - This article is about loss. If the thing is lost without the fault of one of the debtors, the obligation is extinguished. If the thing is lost through the fault of one of the debtors, all of the solidary debtors are liable for the payment of the lost thing, damages and interest. If the thing is lost due to a fortuitous event but one of the debtors already incurred delay, all of the debtors are liable for everything.
Article 1222 - This article is about the defenses that the debtor may avail against the creditor.
Thank you for the video Atty!
Navarro, Krisha Mae M.
1BSA-B
Good day, Atty. Narciso. Here are some key points that I learned upon seeing this video.
Article 1207-1208: I learned about the different kinds of obligation according to the number of parties which are individual and collective obligation wherein individual has only one creditor and debtor while in collective, there are two or more creditor and debtor. Also it talks about the difference between joint and solidary obligation. Joint obligation is the performance of a debtor in a joint obligation shall be separate and distinct from that of the other obligors while solidary obligation, if the whole obligation can be performed by either of the obligations.
Article 1209: Talks about the joint indivisible obligation. The liabilities of the debtors are divided proportionately among themselves but it can only be complied all at once. It cannot be partially performed.
Article 1210: - Presents the difference between indivisibility and solidary of obligation
Solidarity - connotes the obligation of the debtors. Whether the debtor can be held liable for the entire obligation
Indivisibility - this pertains as to whether the obligation can be performed in parts or not.
Article 1211: Talks about There is solidarity even if there is variation in terms of the manner by which the obligation is to be performed or there can be solidarity even if the solidary debtors have different periods and conditions in the performance of their obligation.
Article 1212: That means the solidary creditor may do any act provided that it is beneficial or useful to others but not act prejudicial.
Article 1216: Solidary creditor has the choice to determine against whom he will enforce the collection. It is not applicable to joint obligation but only as regards to solidary obligations.
Article 1217: Full payment made by one of the solidary debtors extinguishes the contract but the creditor has the right to choose which payment to accept if two or more solidary debtors offer to pay (in full). Among solidary debtors, when one of the debtor paid the debt, the paying solidary debtor can demand reimbursement from his co-debtors for their proportionate shares If one become insolvent, he shall be liable for his share. Among solidary creditors the receiving creditor is jointly liable to the others for their corresponding shares.
Article 1218: PAYMENT AFTER OBLIGATION HAS PRESCRIBED OR HAS BECOME ILLEGAL. Paying debtor has no right to reimbursement.
Article 1219: Talks about the effect of payment before and after the remission, and the consequences of the remitted debtor before and after the remission.
Article 1220: The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co debtors. This is because the remitted debtor pays nothing to the creditor. No right to reimbursement in case of remission.
Article 1221: Discusses about loss. Loss without the fault before delay extinguishes the obligation. Loss due to a solidary debtor makes all the debtors liable but can recover the negligent debtor.
Article 1222: Defenses available to a solidary debtor can be defenses derived from the nature of the obligation, defenses personal to, which pertain to share of, debtor sued, defenses personal to other solidary debtors.
Thank you, Atty.
Fernandez, Patricia Jainah M.
1BSA-A
Good Day, Atty. I would like to thank you for uploading videos that helps us learn and get to know more the Law on Obligations and contracts that would help us for building the knowledge in the time the students you teach would face the world and become successful CPAs.
Article 1207-1208:
There are 2 kinds of obligations-Individual in which there is only one obligor and one obligee; Collective in which there are two or more debtors and creditors. Collective obligation has two more kinds: Joint Obligation is the less burdensome and to be paid proportionately by the different debtors while Solidary Obligation can be performed by either of the obligors. The general rule of is that collective obligation presumed to be joint. Solidarity does not necessarily imply indivisibility. There are also kinds under Solidarity Obligation-according to the parties bound:Passive, Active and mixed; according to source:Conventional, Legal and Real.
Article 1209:
This provision speaks of a joint indivisible obligation. It is joint because the parties are merely proportionate, liabilities of the debtors or rights of the creditors but indivisible as to compliance.
Article 1210:
This states that it can be performed in parts or not. Indivisibility and Solidarity has its differences from one another. Liability in an indivisible obligation can be either joint or solidary. In a solidarity obligation, the subject may be either divisible or indivisible.
Article 1211:
There are two kinds of solidary obligation according to the legal tie. First is the uniform-when both parties are bound by the same clauses and lastly is the varied-when parties are not subject to the same clauses. Solidarity is not effected by diverse stipulations.
Article 1212:
The rule is based on the theory of mutual agency among the solidary creditors. Any of the solidary creditors may do any act provided that it would be useful and beneficial for the other solidary creditors.
Article 1213:
A solidary creditor cannot delegate his rights to a third party in the absence of agreement. Each creditor represents the others, and the third party may lack the confidence of the original solidary creditors.
Article 1214:
The rule is that the debtor may pay any of the solidary creditors. However, if there is a demand, payment should be made to the one who demanded otherwise, the obligation will not be terminated. It is not also only applicable in cases of active solidary but it can be also applied to mixed solidary.
Article 1215:
The creditor who executed any of these acts should be liable to the others for their corresponding shares considering that such acts are prejudicial to them.
Article 1216:
This provision is not applicable to joint obligation. The choice is left to the solidary creditor to determine against whom he will enforce collection.
Article 1217:
We have to memorize this provision because it subject to some examinations. Payment made by one of the solidary debtors extinguishes the obligation. The creditor is given the right of choice to choose which offer to accept if there are two or more debtors offer to pay. Payment by one of the solidary debtors does not create a real case of subrogation. The receiving creditor is jointly liable to the others for their corresponding shares.
Article 1218:
Paying debtor cannot get any reimbursement. When the obligation has become illegal, it terminates. There would be no more obligation to fulfill.
Article 1219:
Remission is condoned by the creditor. If payment is made before, remission has no effect but when the remission is made after, solution indebiti arises. This provision secures equality and justice to the paying debtor in as much as the payment benefits his co-debtors.
Article 1220:
The article talks about the debtor who obtains remission pays nothing to the creditor. It only applies when the whole obligation is remitted.
Article 1221:
It pertains to the rules in case thing has been lost or prestation has become impossible. Without delay-the obligation is terminated, Without fault after delay-all debtors are now liable for everything and Due to a Solidary Debtor-all debtors are liable for price and damages but can be recover from the negligent debtor.
Article 1222:
This provision says that there are defenses available to a solidary debtor. It derives from the nature of the obligation, personal or which pertain to share, and to other solidary debtors.
Capillo, Aiberlyn C.
IBSA-A (PNC)
Good Day Atty! Summary of my learnings from this video are as follows:
Article 1207- Introduced the Solidary obligations which means that one of the both debtors is bound to render the entire obligation and/or one of the both creditors is entitled to demand the entire compliance of the obligation.
Article 1208- Discussed that Joint Obligation happens when obligation will be paid proportionately by both debtors and/or is to be demanded proportionately by both creditors.
Also, when there is no specifications made in the agreement such us; who is liable, entitled to demand and bound to fulfill the obligation, the collective obligation is presumed to be joint. On the other hand, solidarity of obligation is not presumed because it is very burdensome to the part of the debtor.
Article 1209- Discussed that Joint indivisible obligation happens when both debtors are proportionately liable but the subject matter is indivisible (not susceptible for partial performance)
Article 1210- Determines the difference between indivisibility and solidarity. Also emphasized that indivisibility does not give rise to solidarity.
Article 1211- Discussed that solidarity may still exist although the creditors and debtors are not bound in the same manner and by the same periods and conditions however, parties may stipulate that any solidary debtor already bound may be liable for entire obligation.
Article 1212- Discussed that any acts of each of the solidary creditors must be useful to others and any prejudicial act done by one of the solidary creditors will extinguish the obligation and he will become liable for damages.
Article 1213- Discussed that a solidary creditor cannot transfer his rights to another unless the assignee is a
co-creditor, then the consent of the other solidary creditors is not necessary.
Article 1214- Discussed that the solidary debtor must pay to the solidary creditor who demands(judicial/extrajudicial) for payment but if there is no demand from both creditors, the solidary debtor can pay any one of them.
Article 1215- Discussed that a solidary creditor who executed any of the modes/causes of extinguishment of the obligation( Novation, Compensation, Confusion or Remission) should be liable to the others of their corresponding share because such acts are considered prejudicial to them.
Article 1216- Discussed that the right to proceed against any of the solidary debtors was given to the creditor. The choice to determine against whom to enforce collection is left to the solidary creditor.
Article 1217- Discussed that the payment of any of the solidary debtor will extinguish the obligation and will entitle the paying debtor to demand reimbursement from his co-debtors. On the other hand, the receiving creditor is liable to his co-creditors for their corresponding shares.
Article 1218- Discussed that when the obligation has prescribed or become illegal, the obligation is extinguished which means that there is no more obligation to be complied with and the paying debtor cannot demand reimbursement from his co-debtors.
Article 1219- Refers to the effects of remission of share after payment.
(When payment is made first)-Remission has no effect)
(When remission is made before payment)- Solutio indebiti arises
Article 1220- Discussed that a solidary debtor who obtained the remission of the whole obligation is not entitled to demand reimbursement to his co-debtors.
Article 1221- Refers to rules in case thing has been lost or prestation become impossible.
Article 1222- Refers to defenses available to a solidary debtor; Defenses derived from the nature of obligation, defenses personal to, or which pertains to share of debtor sued and defenses personal to other solidary debtors.
Thank you Atty!
Cepe, Alyanna
1 BSA-A
Pamantasan ng Cabuyao
Here are my takeaways in this video
Art. 1207-1208 pertains to solidary and joint obligation wherein solidary obligation each one of the creditors have the right to demand and each one of the debtors have to comply with the obligation. On the other hand, it is called joint if there are two or more debtors and creditors on the same obligation and the compliance and payment will be given proportionately.
Art. 1209 is about joint indivisible obligation as it is the middle ground between solidary and joint obligation. It means that the joint obligation is indivisible in a sense that the prestation of the debtor can be complied at once and it is not divided. It is also applied to creditors if the division is impossible.
Art. 1210 states that if the obligation is indivisible, it does not mean it is solidary because indivisibility exists with only one debtor and creditor and the others are not liable in case one debtor is insolvent. In solidary, there are two debtors and creditors and they are proportionately liable in case of violation.
Art. 1211 states the solidarity may exist even though the debtors and creditors may not be bound in the same manner, period and conditions.
Art. 1212 pertains to solidary creditors wherein each one of them may do an act that is useful to others but they cannot do something that is prejudicial because it may result to the extinguishment of the obligation and can cause damages.
Art. 1213 says that a solidary creditor can assign his rights if there is consent of others so if there are no consent, the solidary creditor cannot assign his rights to others.
Art. 1214 states that the debtor may give payment to one of the solidary creditors. If there is a demand of payment from one of them, judicial or extrajudicial, then the debtor will pay to him.
Art. 1215 means that the obligation is extinguished if there is novation, compensation, confusion or remission of the debt made by one of the solidary creditors or any of the solidary debtors. The creditor who made any of those acts or collects the debt shall be liable to others for the same share.
Art. 1216 states that the creditor may go against any one of the solidary debtors or some or all of them simultaneously.
Art. 1217 states that the payment made by one of solidary debtors will extinguish the obligation and if there are offer to pay by two or more solidary debtors, the creditor may choose which payment he should accept. The debtor who had the payment may claim it from his co-debtors but only their share in the debt.
Art. 1218 pertains to the payment of solidary debtor wherein the payment made does not entitle him the reimbursement from his co-debtors if the payment is made after the obligation becomes illegal.
Art. 1219 says that in case the payment has been made by anyone of the solidary debtors before the remission made by the creditor for the share that affects one of the solidary debtors does not release him from his responsibility from his co-debtors.
Art. 1220 states that one of the solidary debtors does not entitle him to reimbursement from his co-debtors when the remission of the whole obligation is obtained.
Art. 1221 states that the obligation is extinguished when the thing has been lost or the obligation has become impossible without the fault of solidary debtors. If there was fault by any one of them, all solidary debtors are liable for the price and payment of damages and interest to the creditor, without prejudice. If due to fortuitous event or delay, there are provisions to follow.
Art. 1222 refers to the solidary debtors’ defences derived from the nature of obligation where he can avail himself in case there are actions filed by the creditor.
Panganiban, Descerey R.
1BSA-A
Good Day Atty. These are my takeaways for Section 4. Joint and Solidary Obligations.
A joint obligation is an obligation that is needed to pay or to be fulfilled proportionately by different debtors or can be demanded proportionately by different creditors. While Solidary Obligation one of the debtors is bound to render and one of the creditors has the right to demand from any of the debtors.
Under articles 1207 and 1208, the concurrence of two or more creditors and debtors in the same obligation does not imply that each former has the right to demand. Under this was the individual obligation and collective obligation wherein individual obligation reflects on only one debtor and creditor while collective obligation reflects two or more debtor and creditor.
Article 1209 show how joint obligation is indivisible, joint obligation is indivisible because the object is not physically divisible.
Article 1210 shows the differences between indivisible and solidary.
Article 1211 according to legal tie there are two kinds of solidary obligation it is uniform and non-uniform or varied. Uniform is where the parties are bound in the same stipulation while non-uniform is when parties are not subject to the same stipulation.
Article 1212 shows how solidary creditor act in a useful or prejudicial to others. A solidary creditor may do any act that is beneficial to others but cannot perform any prejudicial act to them. This rule was based on the theory of mutual agency.
Article 1213 presents that a solidary creditor cannot assign any rights without the consent of others.
Article 1214 is applicable not only in cases of active solidarity but also where the solidarity is mixed although the debtor is employed in case of mixed solidarity the debtor upon whom no demand has been made may pay any one of the solidary creditors.
Article 1215 is all about the novation, compensation, confusion, or remission of the debt that was made by the solidary creditors and how novation, compensation, confusion, or remission effect when the obligation is joint.
Article 1216 this show the rights of creditor against any solidary debtor.
Article 1217 in this part tackle how payment affects a solidary debtor.
Article 1218 when payment is made by a solidary debtor It shall not entitle him to reimbursement from his co-debtors if the payment is made after the obligation has been prescribed.
Article 1219 will be seen the effects of remission of share after payment. The purpose of this article is to forestall fraud whereby the debt having been paid, the creditor, who does not stand to suffer any loss or any damage, remits the share of a particular debtor.
Article 1220 the reason for this article is that the debtor who obtains remission pays nothing to the creditor.
Article 1221 is all about rules in case thing has been lost or prestation has become impossible
And lastly, Article 1222 shows the defenses that are available to a solidary debtor.
Arlantico, Mary Rose C.
1 BSA- A
Good day, Atty. Here is my takeaway from SECTION 4. JOINT AND SOLIDARY OBLIGATIONS after watching the video.
Article 1207-1208, talks about individual and collective obligation. Individual obligation consists of one obligor and one oblige on the other hand collective obligation, there are two or more obligor and two or more oblige. There are two kinds of collective obligation (1) joint obligation and (2) solidary obligation, the basic distinction between joint and solidary obligation is in a joint obligation each debtor is proportionately liable and it is to be demanded proportionately by the different creditors. On the other hand, in a solidary obligation the fulfillment of the entire obligation is bound for each one of the debtors and each one of the creditors has a right to demand the entire compliance with the prestation or obligation. As a rule, the obligation is presumed to be joint in case of collective obligation. If the characteristics of the obligation or prestation is dubious in character and in case of doubt as to whether the obligation is joint or solidary obligation then it is presumed to be joint. There are three kinds of solidary conditions as to the parties bound: (1) passive solidarity- a solidarity on the part of the debtor where the debtor is required to pay or fulfill the obligation, there are many debtors but there’s only one creditor; (2) active solidarity- a solidarity on the part of the creditor and there is only one debtor but many creditors; (3) mixed solidarity- a solidarity on the part of both debtor and creditor. On the other hand, there are three solidary according to source: (1) legal solidarity- a solidarity which imposed by law; (2) conventional obligation- a solidarity where the parties agreed upon; (3) real obligation- a solidarity imposed by the nature of law.
Under Article 1209, talks about joint indivisible obligation that constitutes the middle ground between joint and solidary obligation. It is said to be joint because the debtors’ liabilities are divided proportionately among themselves. It is said to be indivisible because it can only be complied all at once, it cannot be partially performed.
Under Article 1210, talks about the dichotomy between indivisibility and solidary of obligation where indivisibility does not necessarily give rise to solidary. Solidary refers to the obligation of the debtors which can be held liable to be performed. On the other hand, divisibility or indivisibility pertains whether the obligation of the debtor can be performed in parts or not. The distinguishment of indivisibility and solidarity is, in a solidarity it connects the parties in a legal tie with at least two debtors and two creditors, when it comes to breach of the obligation all debtors are held and proportionately liable. On the other hand, indivisibility refers only to the prestation, it can exist even there is only one debtor and one creditor, when it comes to damages only the guilty debtor is held liable to the breach of obligation other debtors are not liable.
Under Article 1211, solidarity may exist even there are variation of manner, and if the solidary debtor or obligor have different periods and condition in the performance of the obligation.
Under Article 1212, it refers to the solidary creditors, where each one of the solidary creditors can perform acts that will benefit and be useful to others. But if a solidary creditor acts prejudicial, it can lead to a damage to others and the obligation will be extinguished.
Article 1213 also pertains to solidary creditor, where he cannot perform his right to act without the consent of other.
Under Article 1214, solidary debtor does not need to pay all the solidary creditor since the each of the solidary creditor can demand the performance of the obligation. However, if any of the solidary creditors will demand for the payment the solidary debtor must pay the solidary creditor.
Under Article 1215, obligation will extinguish because of novation, compensation, confusion or remission of the debt made by any of the solidary creditors or with any of the solidary debtors.
Under Article 1216, pertains to the choice of the solidary creditor to determine how he will collect payment from the solidary debtors. Solidary creditor can choose to collect payment to any one, some, and all of the solidary debtors.
Under Article 1217, talks about the effect of payment made by one of the solidary debtors that extinguish the obligation. It can be in between the solidary debtors and creditor where payment in full is made by one of the solidary debtors that will extinguish the contract, it can also be among solidary debtors, or it can be among solidary creditors.
Under Article 1218, if the payment is made after the obligation becomes illegal, solidary debtor should not entitle him the reimbursement from his co-debtors.
Under Article 1219, pertains to the different effect in terms of payment it can be in before remission or after remission of debt. Remission is a condoned by the creditor when a debtor remitted the debt. Before remission of debt or payment will take effect that obligation will extinguish, on the other hand, after remission will take effect to the rise of solutio indebiti.
Under Article 1220, solidary debtor who ask for remission to the solidary creditor will not entitle him to reimbursement from his co-debtors.
Under Article 1221, talks about loss and the rules in case thing has been lost or prestation has become impossible. If loss is without fault before delay, the obligation is extinguished. If loss is due to a solidary debtor, all debtors will be liable for the price and damages but it can recover from the negligent debtor. And, if the loss is without fault after delay, all the debtors are liable for everything.
Under Article 1222, talks about defenses available to a solidary debtor. Defenses should be: (1) derived from nature of the obligation, (2) defenses may be personal which pertains to the share of the debtor sued, and (3) personal to other solidary debtors.
Thank you for making this video Attorney and God Bless po.
Mahilum, Alexis Joy B.
1BSA-A
Pamantasan ng Cabuyao
Good day, Attorney! Here are my key takeaways from the video lecture.
Article 1207 and Article 1208 discusses about individual obligation and collective obligation, where, both obligations have one creditor and two or more debtors in an obligation. There are two kinds of collective obligation, joint obligation and solidary obligation. In joint obligation, the debtors are proportionately liable and the creditors can demand proportionately. In solidary obligation, each of the debtor is bound to render payment or fulfillment of the obligation while each of the creditors has the right to demand compliance. As a general rule, collective obligation is presumed to be joint. There are different kinds of solidary obligation. These are passive solidarity, active solidarity, mixed solidarity, legal solidarity, conventional solidarity, and real solidarity.
Article 1209 discusses about the joint indivisible obligation where liabilities of the debtors divided proportionately to each other, but the rights of the creditors to demand compliance should be performed all at once.
Article 1210 discusses about the distinguishment between solidarity and indivisibility wherein solidarity refers to the obligation of the debtor while indivisibility refers to whether the performance of the obligation can be divided or not.
According to Article 1211, solidarity may exist even if there is a different periods and conditions in the performance of the solidarity debtors.
According to Article 1212, a prejudicial act can extinguish an obligation, thus, a solidary creditor may act beneficial to others but may not act prejudicial to others.
Article 1213 states about the assignment of rights of solidary creditor and the consent of the others in the assignment of the rights.
According to Article 1214, the debtor may pay anyone of the solidary creditor, but if a demand is made, the debtor should pay the solidary creditor who makes the demand.
According to Article 1215, the obligation shall be extinguished if any of the solidary creditor or if any of the solidary debtor made a novation, compensation, confusion, or remission of the debt. The solidary creditors who made the act shall be liable to the corresponding shares of the other solidary creditors in the obligation.
Article 1216 discusses about the choice of the solidary creditor to whom he will enforce the collection which can be anyone of the solidary debtors, some of the solidary debtors, or all of the solidary debtors.
Article 1217 discusses the effect of payment of solidary debtor. The obligation is extinguished if one of the solidary debtors made the payment, however, if two or more solidary debtor offers to pay, the creditor has the right to choose which payment to accept. The solidary debtor may reimburse from his co-debtors what he has paid, but only the share that corresponds to each, with an interest for the payment already made.
According to Article 1218, the payment by a solidary debtor shall not be reimburse from his co-debtors if the payment is made after prescription or become illegal.
According to Article 1219, the effect of payment before remission is extinguishment of obligation, while, the effect of payment before remission is solutio indebiti. Before remission, the remitted debtor is liable, but if after remission, the remitted debtor is not liable. If a co-debtor becomes insolvent, the remitted debtor is only liable for that co-debtor’s shares.
According to Article 1220, one of the solidary debtors cannot reimburse from his co-debtors the remission of the whole obligation he had obtained.
According to Article 1221, the obligation is extinguished if the loss or the impossibility is without the fault of the solidary debtors and before delay. All solidary debtors shall be liable for damages if there was fault on the part of any of the solidary debtor. All debtors are now liable for everything if the loss or impossibility is with the fault of the debtor and after delay.
Article 1222 discusses about the defenses available to a solidary debtor which are defenses derived from the nature of the obligation, defenses personal to debtor sued, and defenses personal to other solidary debtors.
Kian John Ace Turico
1BSA-A
Pamantasan ng Cabuyao
Good Day, Atty., Here are my key takeaways from your video lecture.
Section 4: Joint and Solidary Obligtions
Article 1207 said that if there are two or more debtors or creditors, it does not necessarily mean that each debtor is bound to render or each creditor has a right to demand. Solidary liability only arises when expressly so or law requires it.
Article 1208 stated that debtors and creditor is presumed to divide equal shares unless provided by the stipulation the amount they share.
Under the above articles, we have individual obligation where there is only one obligee and one obligor while in collective obligation, there are two or more obligee and two or more obligor. The collective obligation consist of Joint and Solidary obligation. The difference between the two is that, in Joint Obligations, obligation is fulfilled or paid proportionately by all the debtors and the action of creditor is to demand debtors separately. Unlike in Solidary Obligation where the fulfillment of one debtor extinguishes the obligation or the creditor may demand to one debtor who will shoulder the whole obligation. The general rule is presumed to be joint obligation unless expressly provided by the obligation.
There kinds of solidary obligations
1. According to parties bound
1.1 Passive Solidarity- many debtors, one creditor
1.2 Active Solidarity- one debtor, many creditors
1.3 Mixed Solidarity- solidarity in both debtors and creditors
2. According to source
2.1 Legal Solidarity- imposed by law
2.2 Conventional Solidarity- agreed upon by parties
2.3 Real Obligation- imposed by nature of law
Article 1209 speaks about joint indivisible obligation. It is said that an object is indivisible when it cannot be physically divided into parts. The liability debtors and rights of creditor is joint but the indivisible as to compliance
Article 1210 said that the indivisibility of an obligation does not necessarily give rise to solidarity nor solidarity imply indivisibility. Indivisibility may either joint or solidary and solidary obligation may either divisible or indivisible. This provision also provides distinction to indivisibility and solidarity wherein in indivisibility only guilty debtor is liable fore breach unlike in solidary where all debtors became liable.
Article 1211 said the solidarity may exist even debtors and creditors are not bound to same manner or same periods and conditions.
Article 1212 said the each one of solidary creditors may do whatever may be useful to the other, but not anything that is illegal or that will not benefit the other.
Article 1213 said that a solidary creditor cannot assign his right without the consent of the other creditors
Article 1214. The general rule is that debtor may pay any solidary creditors but there is an exception, that is if any creditor demanded judicially or extra-judicially, then the debtor should pay the one who made the demand.
Article 1215 speaks about the effect of novation, compensation, confusion or remission of debt made by solidary creditors or solidary debtors. The effect is that obligation is extinguished. The creditor who received the payment will be liable to the share of his co-creditors.
Article 1216 speaks about the right of creditor to proceed against any solidary debtor. Creditor may enforce the collection to any solidary debtors, some of solidary debtors, or to all solidary debtors as long as the debt has not yet been fully collected
Article 1217 speaks about the effect of payment of solidary debtor. It is said that if two solidary debtors offer payment, creditor may choose which offer to accept. Thus, the one who made the payment have the right to reimburse the share of his co-debtors together with interest. If payment is made before the due, no interest may be demanded. Full payment made by solidary debtor to solidary creditor extinguishes the obligation. If one debtor become insolvent, co-debtors will shoulder the payment of insolvent debtor.
Article 1218 said that if payment of the solidary debtor is illegal, then the other debtors is not liable for the payment of their share.
Article 1219 speaks about the effect of remission of share after the payment. It is said that if payment is made before the remission, then there is no more obligation to remit. But if payment is made after the remission, then the principle of solutio indebiti arises. This provision secured equality and justice to paying debtor. Debtor should prove the remission to released him from responsibility towards the co-debtors.
Article 1220 said that the debtor has no right to reimburse payment even he is the only one who is exempted to the obligation.
Article 1221 speaks about the rules in case thing has been lost or prestation has become impossible to perform.
1. Loss is without the fault of debtor and before delay- obligation is extinguished
2. Loss is due to debtor’s fault- all debtors are responsible for the damages and payment but the other debtors had a right to reimburse to the debtor who causes the loss of the thing
3. Loss without debtor’s fault and after delay- debtors are liable for everything
Article 1222 speaks about the defenses available for solidary creditor.
1. Defenses derived from nature obligation
2. Defenses personal to, or which pertain to share of debtor sued
3. Defenses personal to other solidary debtors
Thank you so much Atty. for this video lecture, it enlightens me about the JOINT and SOLIDARY OBLIGATIONS.
Olaivar, Jayvee D.
1 BSA-A
Pamantasan ng Cabuyao
Section 4: Solidary and Joint Obligations (Article 1207-1222)
This section talks about individual and collective obligation. Individual obligation consists of one obligor and one oblige on the other hand collective obligation, there are two or more obligor and two or more oblige. There are two kinds of collective obligation (1) joint obligation and (2) solidary obligation, the basic distinction between joint and solidary obligation is in a joint obligation each debtor is proportionately liable and it is to be demanded proportionately by the different creditors. On the other hand, in a solidary obligation the fulfillment of the entire obligation is bound for each one of the debtors and each one of the creditors has a right to demand the entire compliance with the prestation or obligation. As a rule, the obligation is presumed to be joint in case of collective obligation. If the characteristics of the obligation or prestation is dubious in character and in case of doubt as to whether the obligation is joint or solidary obligation then it is presumed to be joint. There are three kinds of solidary conditions as to the parties bound: (1) passive solidarity- a solidarity on the part of the debtor where the debtor is required to pay or fulfill the obligation, there are many debtors but there’s only one creditor; (2) active solidarity- a solidarity on the part of the creditor and there is only one debtor but many creditors; (3) mixed solidarity- a solidarity on the part of both debtor and creditor. On the other hand, there are three solidary according to source: (1) legal solidarity- a solidarity which imposed by law; (2) conventional obligation- a solidarity where the parties agreed upon; (3) real obligation- a solidarity imposed by the nature of law.
* Article 1209 speaks about joint indivisible obligation. It is said that an object is indivisible when it cannot be physically divided into parts. The liability debtors and rights of creditor is joint but the indivisible as to compliance
* Article 1210 said that the indivisibility of an obligation does not necessarily give rise to solidarity nor solidarity imply indivisibility. Indivisibility may either joint or solidary and solidary obligation may either divisible or indivisible. This provision also provides distinction to indivisibility and solidarity wherein in indivisibility only guilty debtor is liable fore breach unlike in solidary where all debtors became liable.
* Article 1211 said the solidarity may exist even debtors and creditors are not bound to same manner or same periods and conditions.
* Article 1212 said the each one of solidary creditors may do whatever may be useful to the other, but not anything that is illegal or that will not benefit the other.
* Article 1213 said that a solidary creditor cannot assign his right without the consent of the other creditors
* Article 1214. The general rule is that debtor may pay any solidary creditors but there is an exception, that is if any creditor demanded judicially or extra-judicially, then the debtor should pay the one who made the demand.
* Article 1215 speaks about the effect of novation, compensation, confusion or remission of debt made by solidary creditors or solidary debtors. The effect is that obligation is extinguished. The creditor who received the payment will be liable to the share of his co-creditors.
* Article 1216 speaks about the right of creditor to proceed against any solidary debtor. Creditor may enforce the collection to any solidary debtors, some of solidary debtors, or to all solidary debtors as long as the debt has not yet been fully collected
* Article 1217 speaks about the effect of payment of solidary debtor. It is said that if two solidary debtors offer payment, creditor may choose which offer to accept. Thus, the one who made the payment have the right to reimburse the share of his co-debtors together with interest. If payment is made before the due, no interest may be demanded. Full payment made by solidary debtor to solidary creditor extinguishes the obligation. If one debtor become insolvent, co-debtors will shoulder the payment of insolvent debtor.
* Article 1218 said that if payment of the solidary debtor is illegal, then the other debtors is not liable for the payment of their share.
* Article 1219 speaks about the effect of remission of share after the payment. It is said that if payment is made before the remission, then there is no more obligation to remit. But if payment is made after the remission, then the principle of solutio indebiti arises. This provision secured equality and justice to paying debtor. Debtor should prove the remission to released him from responsibility towards the co-debtors.
* Article 1220 - If the solidary debtor goes to the solidary creditors and asks for the remission of the debt for the condemnation of the debt since there is no payment, the solidary debtor is not entitled for reimbursement from his co-debtors, otherwise, it will amount to unjust enrichment because there was no payment made only remission of the debt. This is because the remitted debtor pays nothing to the creditor.
* Article 1221 talks about loss. Even if the thing is lost but the obligor has already incurred delay, the obligation is not extinguished. In case of loss without the fault of the debtor and before delay then the obligation is extinguished (these two must concur).
* Article 1222 - The rule here is that you can set up the defenses pertaining to yourself or to the other solidary debtors.
Thanks you po Sir!
Pamplona, Maynalyn Y.
1BSA-A
Pamantasan ng Cabuyao
Section 4: Solidary and Joint Obligations (Article 1207-1222)
Article 1207-1208 - There are different kinds of obligations as to the number of the obligee or the obligor. It is called an individual obligation if there is only one obligee same as one obligor. Meanwhile, if there are two or more obligees or obligors, then it is called collective obligation. Additionally, there are two kinds of collective obligation. In terms of actions of the obligor to obligation, in a joint obligation, each debtor is proportionately liable. On the other hand, in a solidary obligation, each one of the debtors is bound to fulfill the obligation. In an action of the creditor to the obligation, for the joint obligation, it is demandable proportionately by different creditors. On the other hand, each one of the creditors has the right to demand entire compliance of the obligation in the solidary obligation. There are different kinds of solidarity obligations according to the parties bound namely, passive, active, and mixed. Also, there are different kinds of solidary obligations according to the source which is legal, conventional, and real obligation.
Article 1209 - talks about the joint indivisible obligation. It is joint in the sense that the liabilities of the debtors are divided proportionately but it is indivisible in the sense that it can only comply at all once.
Article 1210 - means that the liability in an indivisible obligation may be either joint or solidary. In solidary obligation, the subject matter may be divisible or indivisible.
Article 1211 - There is solidarity even the creditors and debtors may not bound in the same manner and by the same periods and conditions.
Article 1212 - Solidary creditors may act beneficial to others but act prejudicial because it can result in the extinguishment of the obligation but can cause damages to others.
Article 1213 - A solidary creditor cannot assign his right without the consent of the others.
Article 1214 - The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial has been made by one of them, payment should be made to him.
Article 1215 - talks about the effect of novation, compensation, confusion on remission of debt by solidary creditors or solidary debtors. The obligation is extinguished.
Article 1216 - talks about the right of the creditor to demand in any solidary debtor. The creditor may proceed against any one of the solidary debtors, or some, or all of them as lo9ng as the debt is not been fully collected.
Article 1217 - It speaks about the effect of payment. If two solidary debtors offer payment, the creditor has the right to choose which offer to accept. Hence, the paying solidary debtor has the right to reimburse the share of the co-debtor with interest. Meanwhile, if the payment is made before due. then there is no interest. If one of the debtors becomes insolvent, the co-debtor will shoulder the payment of the insolvent debtor.
Article 1218 - The other debtor is not liable for the p[ayment of their share if the solidary debtor made payment illegal.
Article 1219 - If the payment is made before remission, the obligation is extinguished. On the other hand, if the payment is made after remission, the solutio indebiti arises. Debtors must prove the remission to released from responsibility towards co-debtors.
Article 1220 - If the solidary debtor asks the solidary creditor for the remission of the debt since there is no payment made then the solidary debtor is not entitled to the reimbursement of his co-debtor, otherwise, it will amount to unjust enrichment. This is because the remitted debtor pays nothing to the creditor.
Article 1221 - If the thing has been lost without the fault of the solidary debtor, the obligation extinguished. But if there was a fault of any of them, all shall be responsible to the creditor.
Article 1222 - The rule is you can set up the defenses pertaining to yourself or to the other solidary debtors.
Thank you, sir!
Evangelista, Shane G.
1BSA-A
Here are some of my takeaways from this video lecture.
Section 4: Joint and Solidary Obligations art 1207-1222. This section talks about the kind of obligation according to the number of parties.
-Individual obligation- there's only one creditor and one debtor in a contract.
-Collective Obligation- there are two or more creditors and two or more debtors.
Joint obligation is where the whole obligation is to be fulfilled proportionately by different debtors and as well as demanded proportionately by different creditors, while the solidary obligation is where each one of the debtor is bound to render or each creditor has right to demand from any of the debtors the whole compliance of the obligation.
Ericka Jane G. Baal
1BSA-A
PnC
Good Day Atty. This is the summary of my learnings after I watched your video entitled, Joint and Solidarity Obligation.
Article 1207 discuss about Kinds of Collective Obligation that includes Joint Obligation and Solidarity Obligation.
Article 1208 defines solidarity and joint Obligation.
Article 1209 refers to joint indivisible Obligations since the service (prestations) or object are cannot be divided and Solidarity is not provided.
Article 1210 Talks about the difference between Indivisibility and Solidarity. Indivisibility refers to prestations while solidarity refers to juridical tie that binds the party. If it is indivisible obligation and there's a breach of Obligation, only the debtorwho are guilty is the one that is liable for the damages while if it is Solidarity Obligation, the debtor together with his solidary debtors are liable to pay for the damages.
Article 1211 discuss about Solidarity, that it may exist even though the solidary debtors' obligations are performed under different terms and conditions.
Article 1212- each one of the solidary creditors is free to do whatever is beneficial to the others, but not anything which maybe prejudicial to the latter that may affect the Obligation that may cause damages.
It is stated in Article 1213 that it is illegal for a solidary creditor to grant his rights without the permission of the other creditors.
Article 1214 states that the Debtor may pay any one of solidary creditors; however, if one of them has made a judicial or extrajudicial demand, payment should be made to him
Article 1215 Any creditor who commit any of these actions(Novation, Compensation, confusion, or remission of the debt) or receives the debt is liable to others for the same proportion of the debt. If one of them did any of those actions, then the Obligation extinguish.
Article 1216 As long as the debt has not been completely collected, the demand against one of them would not be an hindrance to those made against the other latter which make the creditor to have an option pursuing any or all of the solidary debtors at the same time.
Article 1217 talks about the payment made by any of the solidary debtors extinguishes the Obligation. And also the effect of payment made by a (1) solidary debtors between solidary debtors and creditor,(2)among solidary debtors, and (3) among solidary creditors.
Article 1218 tells that a solidary debtors' payment would not entitled him from any reimbursement from his co-debtors if it is paid after the obligation become unlawful.
Article 1219 If payment is made before the remission,not has no effect; however, if payment is made after the remission, solution Indebiti may occur. And it talks about the remission where it was condoned by the Creditor.
Article 1220 One of the solidary debtors' remission of its whole Obligation would not entitled him to reimbursement from his co-debtors.
Article 1221 Refers to rules in case thing has been lost or prestation become impossible
Article 1222 provide the defenses available to a solidary debtor.
Thank you Atty.
Pedrigosa, Patricia Jhoana R.
1BSA-B
Good day atty. These are some takeaways I have learned from this video:
Article 1207-1208 talks about The different kinds of obligation as to number of obligee.
°In an Individual Obligation there is only one obligee and obligor
°On the other hand, Collective Obligation has two or more obligee and obligor
Kinds of Collective Obligation:
1) Joint Obligation
°Paid or fulfilled proportionately by the different debtor
°Is to be demanded proportionately by different creditors
2) Solidary Obligation
°Each one of the debtor is bound to render payment or fulfillment of the obligation
°Each one of the creditors has a right to demand entire compliance with the prestation
General Rule: Collective obligation is presumed to be joint.
Kinds of Solidary Obligation
I. According to the parties bound:
a. Passive Solidarity- (Debtor) Any debtor can pay or fulfill the obligation. (Many debtors, only one creditor)
b. Active Solidarity- (Creditor) Anyone of the creditor demand the fulfillment of the entire obligation (one debtor, many credtord)
c. Mixed Solidarity- (both creditors and debtors) each of the debtor is liable to render and each of the creditors has a right to demand
II. According to source:
a. Legal solidarity - imposed by law
b. Conventional Solidarity- agreed upon by the parties
c. Real Obligation- imposed by the nature of law
General Rule: Solidarity not presumed
Article 1209 speaks of joint Indivisible Obligation.
°Liabilties of the debtors are divided proportionately among themselves but indivisible since it can only be complied all at once. It cannot be partially performed.
Article 1210 states that the indivisibility of an oblugation does nit necessarily give rise to solidarity, nor does solidarity of itself imply indivisibility.
°Indivisbility referd to the prestattion while solidarity refers to the judirical or legal tie that binds the parties.
°Indivisbility can exist althoug there is only one debtor and creditor while the solidarity must have atleast two debtors and two creditors.
°In indivisible obligation, others are not liable incase of insolvency of the debtor but in solidary obligations, others are proportionately liable.
Article 1211 says that in an uniform sodilarity obligation, is not affected by diverse stipulations or parties bound with same stipualtions while in a non-uniform or varied solidarity obligation, parties are not subjecg to same stipulations.
Article 1212 tells that solidary creditor may act beneficial to others but not act prejudicial becaues it can result to extinguishment of the obligation but can cause damages to others.
Article 1213 says a solidary creditor cannot assign his rights without consent of the others.
Article 1214 states that the debtor may pay any one of the solidary creditors but if any demand, judicial or extrajudicial has been made by one of ghem, payment should be made to him.
Article 1215 also states that novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of article 1219.
Article 1216 provides the choice of the solidary creditor against whom hebwill enforce the collection that either;
1. Any one of the solidary debtors
2. Some of the solidary debtors
3. All of the solidary debtors
As long as the debt has not been fully collected
Article 1217 refers to the effects of payments by one of the solidary debtors which extinguishes the obligation.
Articles 1218 says that if such payment is made after the obligation has prescribed or become illegal, payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors.
Article 1219 gives the different effects in terms of payment before and after remission of debt.
°Effect of payment before remisson, obligation is extinguished.
°But if payment is made after the debt has been remitted, solution indebiti arises.
Article 1220 tells that if the solidary debtor goesnto the solidary creditor and ask for revision of the debt but since there is no payment, the solidary debtor is not entitled for the reimbursement from his co-debtors otherwise it will amount to unjust enrichment.
Article 1221 talks about loss
° Incase of loss without fault before delay, then the obligation is extinguished.
°If loss is due to a solidary debtor, all debtors are liable for price and damages.
°And if loss is without fault after delay, all debtors are now liable for damages
Article 1222 provides the defenses available to a solidary debtor, which are:
1. Defenses derived from the nature of the obligation
2. Defenses personal to, or which pertain to share of, debtor sued
3. Defenses personal to other solidary debtors
Thank you atty. :)
Marjes, Kimberly Yrah R.
1BSA-B
Good day Atty. Thank you for making it clear to us that individual obligation has only one obligee and obligor while the collective one is consist of two or more for both. And if the collective obligation is dubious in character, then it is presumed joint. Moreover, the video lecture also help us understand the difference between joint and solidary as the kind of collective obligation. Wherein the basic distinction between the two is that, in a joint obligation, each debtors are proportionately liable and it is to be demanded proportionately by each creditors. On the other hand, in a solidary obligation each one of the debtor is bound to fulfill the entire obligation and each one of the creditors has a right to demand the entire compliance. In Article 1209, which speaks of a joint indivisible obligation wherein prestation can not be performed partially while having each debtors liable proportionately. On the other hand, in 1210, connotes that the liability in an indivisible obligation may either be joint or solidary and the subject matter of solidary obligation may be divisible or indivisible. I've also learned that in case of non-compliance, in indivisible obligation, only the guilty debtor is liable. However, in the non compliance of one solidary debtors in solidary obligation, all of the debtors are held liable for breach as their solidarity remains among them. Article 1211 impose that there is solidarity even if the solidary debtors have different periods and conditions. Article 1212 however states that, solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment but can cause damages to others. The video also help us clearly understand the effect of payment by a solidary debtor under 1217 wherein the full payment of one solidary debtors extinguishes the contract but the creditor has the right to choose which payment to accept id two or more debtors offer to pay. While among solidary debtors, the paying solidary debtors can demand reimbursement from his co-debtors after the full payment of the debt. Thus, among solidary creditor, the receiving creditor is jointly liable to the others for their corresponding shares. Under 1219, there are different effects in terms of payment before and after remission, wherein the payment before remission of debt extinguishes the obligation while payment after the debt have been remitted results to solutio indebiti. The consequence of remitted debtor before remission makes him liable if the paying debtor paid in full. On the other hand, after remission, then he is not liable even the debt is paid in full. However, when a co-debtor becomes insolvent, he is liable only for the co-debtor's share. Article 1221 talks about loss wherein the loss of thing without fault before delay extinguishes the obligation. However if the loss is also free from fault but occurred after delay, all debtors are still liable for everything. and if the loss is due to the fault of solidary debtor, all debtors are also liable for the price and damages but they can recover from the negligent debtor. Article 1222 discusses defenses available to a solidary debtor having the defenses derived from the nature of the obligation as the first one, followed by defenses personal to, or which pertain to share of, debtor used and defenses personal to other solidary debtors. Wherein the rule is that creditor can set up defenses pertaining to themselves. Thankyou again for this helpful video lecture Atty. Stay safe and God bless.
Camposano, Ayumi H.
1 BSA B
Good day, Sir!
Here are my key take aways after watching the video.
•Article 1207-1208
-In this article it consists of Kinds of Obligations (Individual Obligation ; Collective Obligation.
- It also states the Kinds of Collective Obligation and its distinction which is: Joint Obligation- the debtor is proportionately liable. On the other hand, the Solidary Obligation, each one of the debtor is bound to fulfill the whole obligations.
-General rule of this article is that the Collective Obligation is presumed to be joint.
•Article 1209
-In this article, it is about the Joint Indivisible Obligation wherein it is joint in a sense that a liability of the debtors are proportionately divided among themselves. However, it is indivisible in the sense that it can only be considered all at once and cannot be partially performed.
•Article 1210
-Solidary pertains to the obligation of the debtors.
-Indivisibility/Divisibility pertains if the obligation is able to perform in parts or not.
- Indivisibility can exits although there is only one debtor and one creditor, however in Solidary, there must be at
least 2 debtors or two creditors.
•Article 1211
-This article states that there is still a solidary even if there are variations in terms of the manner by which the obligation is to be performed. Even if there are different period and conditions there are solidary.
•Article 1212
-Solidary creditor may act beneficial to others but not act prejudicial due to the fact that it can result to the extinguishment of an obligation.
•Article 1214
- This article states that if you are a solidary debtor you can pay to any of the solidary creditor, the entire obligation can pay all at once. Exceptionally, if one of them is on demand.
•Article 1216
- This article states that the Solidary Creditor has a right to choose against whom he will enforce the collection and it can be either: Any one of the solidary debtors, Some of the solidary debtors, All of the solidary debtors.
•Article 1221
- This article talks about Loss
-When the loss occur without the fault of the debtor and if there was a delay then the obligation will not be
extinguished.
•Article 1222
- The general rule of this article states that you can freely set up the defenses pertaining to yourself, or to the other solidary debtors.
Azada, Leonardo Daniel T.
1BSA-A
PnC
Good day, Atty. Here are my key takeaways from this video lecture:
Article 1207-1208: The general rule is, the collective obligation is presumed to be joint. Kinds of solidary obligation according to the parties bound are passive solidarity, active solidarity, and mixed solidarity while according to source are the legal solidarity, conventional solidarity, and real obligation.
Article 1209: This article speaks of a joint indivisible obligation. It is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance.
Article 1210: An indivisible obligation is one where the prestation or object cannot be performed by parts without altering the essence or substance. This article states that a division of obligation does not equate to the rise of an equal degree of obligation for both the creditor and the debtor and vice versa.
Article 1211: Solidary obligation could be uniform which means that parties bound with the same stipulation, and non uniform when parties are not subject to same stipulations.
Article 1212: Solidary creditors may do whatever may be beneficial to the others, but not anything especially when it will cause damages.
Article 1213: A solidary creditors needs a consent when assigning his/her own rights.
Article 1214: The rule that demand by a solidary creditor limits the right of the debtor to choose the creditor whom he will pay, and requires him to pay the suing creditor.
Article 1215: An act of novation, compensation, confusion or remission of the debt may extinguish the obligation, without prejudice to the provisions of article 1219.
Article 1216: This article states that creditor has the choice to determine against whom he will enforce the collection.
Article 1217: This article tackles about the effect of payment by a solidary debtor, it could be between the solidary debtors and creditor(s), among solidary debtors, and among solidary creditors.
Article 1218: The payment of a solidary debtor does not give him the right for reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal.
Article 1219: When payment before remission, the obligation is extinguished, and if payment after remission, then solutio indebiti arises.
Article 1220: This article applies only when the remission covers the whole or entire obligation and the remission is obtained by one of the solidary debtors without spending anything for its grant.
Article 1221: In this article obligation is extinguished when the loss is without fault before delay. If due to a solidary debtor, then all debtors are liable for price and damages. If the loss is without fault after a delay, it means that the debtors are liable for everything.
Article 1222: This article talks about the defenses available to a solidary debtor. These defenses are from the nature of obligation, the share of debtor sued, and defenses that are personal to other solidary debtors.
Cayabyab, Syra Ellaine B.
1 BSA - B
Good day, sir! Here are some of my takeaways from this helpful video lecture.
Under Article 1207 - 1208, discussed that Joint and Solidary Obligation is a type of collective obligation. In a joint obligation, the same is separate or will be paid and fulfilled by the debtors proportionately. Each debtor is proportionately liable making the creditors demand proportionately to them. Meanwhile, a solidary obligation, the same will be solid for the debtors. Meaning anyone of them can pay the obligation fully. In the same way, the creditors can demand full payment or fulfillment in any one of them.
In addition, it is generally understood that collective obligations are presumed to be joint.
On the other hand, we have different kinds of Solidary Obligation. These are as follows:
• Passive Solidarity - solidarity on part of debtor (many debtor one creditor)
• Active Solidarity - solidarity on part of creditor (one debtor many creditor)
• Mixed Solidarity - solidarity on the part of debtors and creditors (entire compliance with the obligation)
Moving forward, Article 1209 speaks of joint indivisible obligation. Joint for the liabilities and rights of debtors and creditors and indivisible as to compliance. This is the middle ground between a joint and solidary obligation.
Furthermore, Article 1210 distinguished indivisibility from solidarity. Below is the summary of it:
• Indivisibility refers to the prestation while solidarity refers to the juridical tie.
• If a debtor is guilty of breach...
> in Indivisible Obligation: only the debtor guilty of breach is liable.
> in Solidary Obligation: all the debtors are liable for breach
• Indivisibility - can exist with one debtor and creditor. Solidarity - two debtors and creditors.
• In cas of insolvency...
> Indivisibility: others are not liable.
> Solidarity: all are liable.
Then, Article 1211discusses that solidarity may exist although the creditors and debtors may not be bound in the same manner and by the same periods and conditions.
Similarly, under Article 1212, solidary creditors may do anything beneficial to the others but not prejudicial to them.
Also, Article 1213 explains that solidary creditors cannot assign his rights without the consent of others.
Article 1214, if one of the solidary creditors made a demand, payment then must be given to him.
Article 1219 presents the following:
• Remission means condone.
• If the payment is done before the remission, the obligation is extinguished. If after remission, solutio indebiti arises.
Lastly, it is stated that the fault or delay of one of the debtors is fault or delay of the others, under Article 1221.
Thank you so much, atty! This really helped.
Padayao, Louisa Marie O.
1BSA-B
Good day, Sir!
Through this video lecture, I've generally learned the distinctions and rules between joint and solidary obligations. These are two kinds of collective obligation in which this obligation is pressumed to be joint. I've learned that in a joint obligation in the actions of the debtor, the payment or fulfillment of the obligation is done proportionately by the different debtors. Whereas in a solidary condition, each one of the debtors is bound to render payment or fulfillment of the obligation. A joint obligation, however, in the actions of the creditor, is to be demanded proportionately by different creditors. While in a solidary obligation, each one of the creditors has a right to demand for the entire compliance with the prestation. The way these distinctions are presented in a table has made it easier for me to better understand these topics. Also at the other parts of the lecture where summarizations and tables where shown had also made the discussion simpler and direct.
Joint indivisible obligations is one of the topic that is confusing for me. However, through this video lecture, I've understood that it is just a combination of a joint obligation- joint as to the liabilities of the debtors or the rights of the creditors- and an indivisible obligation as to its compliance. Another learning I've got is about the effects when payment is done before and after remission. I thought that remission is also same as the term rescission which means cancellation. They are somehow similar, but remission, as defined from this lecture, means that the payment for the obligation is condemned by the creditor. If payment occured before the creditor's remission, the obligation is extinguished. On the other hand, the principle of solutio indebiti would arise if the payment was done after remission. These lessons and the succeeding discussions were also presented in tables, making it more convenient to understand. In the case of the remitted debtor, consequences become existent depending on when the remission is done. If its before remission, the remitted debtor is liable if the paying debtor paid in full. If it happens after remission, he is not liable in the same condition. And when a co-debtor of the remitted debtor becomes insolvent, he becomes liable only for the co-debtor's share.
In the case of when the object of the obligation has been lost or the obligation itself had become impossible to be fulfilled, the liabilities of the debtors depend on how the loss had occured. If the object has been lost or the obligation had become impossible without any of the debtors' fault before delay, the obligation is extinguished. It it occurs due to one of the solidary debtor's fault, all debtors become liable for the price and damages, but they can recover from the negligent debtor. However, if it happens without the debtors' fault but is after delay, then all debtors also become liable but with everything.
The video lecture is indeed helpful as an extension of learning reference for this course. Additionally, the use of tables and how the long discussions had been presented in summary makes it convenient, especially for us students, to easily understand complicated topics. Thank you so much again, Sir for this video lecture.
Jerwin Pagela | 1BSA-A
Article 1207 & 1208 - Collective obligation are presumed to be joint.
Joint - obligation is divided proportionately to the each of debtors
Solidary - obligation is not divided for each debtors
1209 - if division is impossible; it is tue middle ground between a joint obligation and solidary obligation.
1210 - indivisibility is not equal to solidarity and vice versa.
1211 - solidarity is present even though the debtors bound in different manners and time.
1212 - solidary creditor may at beneficial but not prejudicial.
1213 - solidary creditor cannot assign his rights without consent of others
1214 - the debtor may pay any one of the solidary creditor
1215 - novation compensation and confusion is equal to extinguishment of obligation
1216 - solidary debtors has the choice who he wants to have the obligation
1217 - once the debtor paid it extinguishes the obligation . If the debtors offer to pay, the creditor may choose which offer to accept
1218 - a debtor is no longer involved or responsible to what will happen after he paid or than the obligation
1219 - payment of one solidary debtor doesn't mean the release of other debtors. A remitted that door is liable for an insolvent co-debtor.
1220 - debtor doesn't mean their imbursement from his co-debtor.
1221 - prestation is impossible without the fault of debtor, the obligation is extinguished. All letters are at fault, all is responsible.
1222 - defenses of a solidary debtor
Nofies, Gretchen M.
1BSA-A (PNC)
Good Day Atty! Summary of my learnings from this video are as follows:
Article 1207-1208-This articles talks about the two kinds of obligation: individual obligation where it has one oblige and one obligor and collective obligation whereas it has two or more oblige and obligor.
Article 1209- Talks about joint indivisible obligation. It is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance.
Article 1210- Pertains to the indivisibility distinguished from solidarity whereas indivisibility refers to the prestation while the solidarity refers to the juridical or legal tie.
Article 1211- States that solidarity is existing even though the creditors and debtors are not bound to each other in terms of the manner and by the periods and conditions.
Article 1212- This article states that the solidarity creditor may act beneficial to the others but it cannot preductal because it can result to extinguishment of the obligation.
Article 1216- Talks about the solidary creditor wherein he/she has a will to choose to whom he/she will enforce the collection. It can be to anyone of the solidary debtors, to some of the solidary debtors or to all of the solidary debtors as long as it is not fully collected.
Article 1219- About that there are different effects in terms of payment before and after remission.
Article1221 - Pertains to loss.
-If the loss occurs without fault before delay, then the obligation is extinguished.
-If the loss occurs due to solidary debtor, then all the debtors are liable for price and damages but can recover from negligent debtor.
Gento, Janella Ann M.
1 BSA-B
Pamantasan ng Cabuyao
Here are my takeaways from this lecture.
I have learned the Kinds of Obligations according to the number of parties which are the Individual Obligation and Collective Obligation which the former is consist of only one (1) obligor and one (1) oblige and the latter is - there are two or more debtors and/or two or more creditors. I have learned the different kinds of Collective Obligation which are Joint Obligation and Solidary Obligation.
In Joint Obligation, 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 and the Solidary Obligation is one each of the debtors is bound to render payment or fulfillment of the obligation, and each one of the creditors has a right to demand from any of the debtors, entire compliance with the presentation.
General Rule: In collective obligation, it is presumed to be joint.
There are Kinds of Solidary Obligation, the Passive Solidarity, Active Solidarity, and Mixed Solidarity. Passive Solidarity on the part of the debtors where anyone of them can be made liable for the fulfillment of the entire obligation. Active Solidarity on the part of the creditors where any one of them can demand the fulfillment of an entire obligation. Mixed Solidarity solidarity on the part of the debtors and creditors.
Article 1209 speaks of a joint indivisible obligation. It is joint because the parties are proportionately liable and indivisible because the object is not physically divisible into different parts and can only be complied all at once.
Solidarity pertains to the obligation of the debtors whether the debtor is held liable to perform for the entire obligation and Invisibility means can be performed in parts or not.
Invisibility
- refers to prestation while Solidarity refers to the legal tie that binds the parties.
- indivisible obligation, only the debtor guilty of breach of obligation is liable for damages
- can exist although there are only one debtor and one creditor
- indivisible obligations, others are not liable in case of insolvency of one debtor
Solidarity
- refers to the juridical or legal tie that binds ties
- solidary obligation, all of the debtors are liable for the breach of the obligation committed by a debtor
- there must be at least two debtors or two creditor
- solidary obligation, the other debtors are proportionately liable
There is solidarity even if there is variation, even if the creditors and debtors may not be bound by the same periods and conditions.
If you are the solidary debtor you can pay to any of the solidary creditors and need not to divide the payment to all of them except if any of the solidary creditors will demand the payment and you will have to pay him for the obligation to be extinguished.
The solidary creditor has the choice of whom he will enforce the collection of payment either to any one of the solidary debtors or some of the solidary debtors or all of the solidary debtors as long as the debt has not been fully collected.
There are effects of Payment by a Solidary Debtor:
*Between the solidary debtors and creditor(s)
- Payment made by one of the solidary debtors extinguishes the obligation
*Among the solidary debtors
-The solidary debtor can demand reimbursement from his co-debtors for their proportionate shares with interest only from the time of payment
*Among the solidary creditors
-The receiving creditor is jointly liable to the others for their corresponding shares
Effect of payment before remission, the obligation is extinguished. Effect of payment after the remission, Solutio Indebiti arises.
The co-debtor must prove the remission to the payment for him to be able to be released from responsibility from the other co-debtors.
Loss is without fault and before delay
- The obligation is extinguished through a fortuitous event and before they have incurred in delay
Loss if due to fault on the part of a solidary debtor
- All debtors are liable for price and damages but can recover from negligent debtor
Loss without fault after delay
- All debtors are now liable for everything
Defenses available to a solidary debtor
- Defenses derived from nature of the obligation
- Defenses personal to, or which pertains to share of, debtor sued
- Defenses personal to other solidary debtors
PAMA,KERSHEY ANNE L.
1BSA-A
There are two kinds of collective obligation the first one is the joint obligation whereas it is paid or fulfilled and is divided among different debtors and it is to be demanded proportionately by different creditors. The joint indivisible obligation refers to being joint as to the liabilities of debtors and the rights of creditors, but indivisible in a way where the object or subject matter is not physically divisible into different parts. This constitute as the middle ground between a joint and solidary obligation. Debtor may choose who will received his payment among solidary creditor unless there is a demand, the payment should be made to him. If the payment of the solidary debtor is made in an illegal or prescribe way he is not entitled to reimburse by his co-debtor. When one of the active solidary cancel his share, it will not release that part of the debtor that is affected. When the payment i made before remission, co-debtors are still to reimburse to the debtor who complied. If the remission is made before payment and payment has been made the principle of solutio indebiti arises.
Quilantang, Elaine Cassandra G.
1BSA-B // Pamantasan ng Cabuyao
Good Day Atty! Here are my key takeaways from our video lecture.
Under Article 1207 and Article 1208, there are two kinds of obligation according to the numbers of parties they are, individual obligation which means there is only one obligor and one obligee, and collective obligation were there are two or more debtors and creditors, it may be joint or solidary. Joint obligation, as per Article 1208, 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 and solidary obligation, as per Article 1207, each one of the debtor is bound to render, and/or each one of the creditors has a right to demand from any of the debtors, entire compliance with the prestation. Joint indivisible obligation is stated in Article 1209, wherein the obligation is joint because the parties are merely proportionately liable. An indivisible obligation is stated in Article 1210, which means, only the debtor guilty of the breach of obligation is liable for damages, while in solidary obligations, all of the debtors are liable for the breach of the obligation committed by a debtor. According to Article 1211, there are kinds of solidary obligation according to the legal tie. They are uniform and non-uniform/ varied. The essence of solidarity consists in the right of each creditor to enforce the rights of all and the liability of each debtor to answer for the liabilities to all. Article 1212 shows how solidary creditor act in a useful or prejudicial to others. A solidary creditor may do any act that is beneficial to others but cannot perform any prejudicial act to them. This rule was based on the theory of mutual agency. Article 1213 presents that a solidary creditor cannot assign any rights without the consent of others. Article 1214. The general rule is that debtor may pay any solidary creditors but there is an exception, that is if any creditor demanded judicially or extra-judicially, then the debtor should pay the one who made the demand. Article 1215 speaks about the effect of novation, compensation, confusion or remission of debt made by solidary creditors or solidary debtors. The effect is that obligation is extinguished. The creditor who received the payment will be liable to the share of his co-creditors. Article 1216 refers to the right of creditor to proceed against any solidary debtor. Creditor may enforce the collection to any solidary debtors, some of solidary debtors, or to all solidary debtors if the debt has not yet been fully collected. Article 1221 talks about Loss. When the loss occurs without the fault of the debtor and if there was a delay then the obligation will not be extinguished. The general rule of this Article 1222 states that you can freely set up the defenses pertaining to yourself, or to the other solidary debtors.
Manalo, Kristine Jeanette T.
1BSA-B PNC
Thank you for this video lecture Atty. Here are my take aways from this video.
Article 1207-1208
Number of Obligee - One (Individual Obligation) - Two or More (Collective Obligation)
Number of Obligor - One (Individual Obligation) - Two or More (Collective Obligation)
General Rule: Collective obligation presumed to be joint.
Kinds of Solidarity Obligation
According to the parties bound:
1. Passive Solidarity
2. Active Solidarity
3. Mixed Solidarity
According to source:
1. Legal Solidarity
2. Conventional Solidarity
3. Real Obligation
Article 1209
This article speaks of a joint indivisible obligation.
Article 1210
“The indivisibility of an obligation does not necessary give use to solidarity. Nor does solidarity of itself imply indivisibility.”
Article 1211
“Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions.
Article 1212
“Each one of the solidarity creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter.”
Article 1213
“A solidarity creditor cannot assign his rights without the consent of the others.”
Article 1214
“The debtor may pay 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.”
Article 1215
“The creditor may proceed against any one of the solidarity debtors or some of all of them simultaneously.
Article 1217
Effects of payment by a solidarity debtor:
1. Between the solidarity debtor and creditor(s) - full payment
2. Among solidary debtors - after full payment, can demand reimbursement
3. Among solidary creditors - jointly liable to the others.
Article 1218
“Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtor if such payment is made after the obligation has prescribed or become illegal.”
Article 1219
Payment before remission - obligation is extinguished
Payment after emission - solution indebiti arises
Article 1220
The remitted debtor pays nothing to the creditor.
Article 1221
If the thing to be delivered belongs to the negligent debtor, only he is liable to damages and interest.
Article 1222
Defenses available to a solidary debtor:
1. Defenses derived from the nature of obligation
2. Defenses personal to, or which pertain to share of, debtor sued.
3. Defenses personal to other solidary debtors.
Panganiban, Aubrey L.
1BSA-A
Good day, Atty. Here is the summary of what I’ve learned from section 4. Joint and Solidary obligations:
Kinds of obligations according to the number of parties are discussed under art. 1207 and 1208. They are individual obligation, where there are one oblige and one obligor, and collective obligation, where there are 2 or more debtors and 2 or more creditors. The article also provides meaning of joint and solidarity obligations. In joint obligation, the debtor must pay or fulfill the obligation proportionately while it is to be demanded proportionately by the creditors. In solidarity obligation, one of the debtors is bound to render, while the creditors have a right to demand entire compliance with the prestation to any of the debtors. Art. 1207 and 1208 has a general rule that collective obligation is presumed to be joint. There are kinds of solidary obligation which can be according to the parties bound; passive, active, and mixed solidarity, and which can be according to source; conventional, legal, and real solidarity.
Proceeding to art. 1209 talks about the joint indivisible obligation which implies that the debtor’s liabilities are proportionately joint and it is indivisible because it can only be performed all at once, it cannot be partially performed.
Art. 1210 provides the distinction of indivisibility and solidarity. Indivisibility refers to the prestation while the solidarity refers to the legal tie that’s why indivisibility of an obligation does not necessarily give rise to solidarity and vice versa. Moreover, in indivisible obligation only the debtor who committed breach is liable for damages while in solidary obligation all the debtors are liable for breach committed by the co-debtor.
Next, art. 1211 talks about the presence of solidarity even if there are variations in terms of the manner by which the obligation is to be performed or even if the debtors have different periods and conditions.
Art. 1212 talks about the act of solidary creditor useful or prejudicial to others. The solidary creditor can whatever may be beneficial to the others but he cannot perform any prejudicial act because it will extinguish the obligation. But he cannot assign his rights without the consent of the latter according to art. 1213 and the payment of the debtor will be given by any of the solidary creditors (Art. 1214). In addition to that, the obligation will get extinguished in case of novation, compensation, confusion, or remission of debt made by any of the solidary creditors and debtors (Art. 1215).
Art. 1216 talks about the right of the solidary creditors to choose against to whom he will enforce the collection. It can be to any one, or some, or all of the solidary creditors as long as it has not been fully collected. Art. 1217 pertains to the effects of payment made by a solidary debtor. If the payment was made by the solidary debtors, it extinguishes the obligation while the creditor is given the right to choose which offer to accept. If among the solidary debtors, the paying solidary debtor can demand reimbursement from his co-debtors, this is after the full payment of the debt. If among the solidary creditors, the receiving creditor will be liable jointly to the others for their corresponding shares.
Art. 1218 states that if the payment made after the obligation becomes illegal, payment by solidary debtor shall not entitle him to reimbursement from his co-debtors. Art. 1219 talks about the effect of remission of the share after payment. Payment made before the remission will extinguish the obligation and it will give rise to solutio indebiti if the payment was made after the remission. In art. 1220 states that the debtor has no right to reimbursement in case of remission. This is because the remitted debtor pays nothing to the creditor. Art. 1221 talks about the rules in case a thing has been lost or prestation has become impossible. If it is lost without the fault and before delay, the obligation is extinguished. Moreover, if it is loss due to fault on the part of a solidary debtor, all debtors become liable for price and damages but can recover from the negligent debtor. Lastly, if the loss is without fault but after delay, all debtors are now liable for everything. In art. 1222, it speaks about the defenses available to a solidary debtor; defenses derived from the nature of the obligation, defenses personal to, or which pertain to share of, debtor sued, and defenses personal to another solidary debtors.
Thank you for this lesson, Sir.
Laya, Voltaire Lau G.
1BSA-A
Good day Attorney Reyes, thank you for this lecture video, in which I learned all about joint and solidary obligations. First there a kind of obligations according to the number or parties, an individual obligation where there is only one obligor and one oblige, and a collective obligation where there are two or more obligee and/or two or more obligor. A collective obligation may be joint or solidary, a joint obligation means that the whole obligation is to be fulfilled proportionately by the different debtors and is to be demanded proportionately by the different creditors. On the other hand, a solidary obligation is where each one of the debtors is bound to render payment or fulfillment of the obligation, and each one of the creditors has the right to demand from any of the debtors with entire compliance with the prestation. Also, as a general rule, a collective obligation is presumed to be joint.
Additionally, I learned there is solidary liability when the obligation expressly states so, the law requires solidarity, the nature of the obligation requires solidarity. Next are the kinds of solidarities according to parties bound which are passive, active, and mixed solidarity. Passive solidarity is solidarity on the part of the debtors where anyone can pay or fulfill the obligation, active solidarity is solidarity on the part of the creditors where anyone of them can demand fulfillment of the entire obligation. Lastly, mixed solidarity which is solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand, entire compliance with the obligation. Kinds of solidarities according to source are legal solidarity in which is solidarity imposed by the law, conventional solidarity is solidarity agreed upon by the parties, and real solidarity in where solidarity is imposed by the nature of the obligation. Also, I learned that solidarity is not presumed, if there are two or more persons in the same obligation, is that it is joint.
Article 1209 talks about joint indivisible obligation, it is a joint as to liabilities of the debtors or the rights of the creditors but indivisible as to compliance. This type of obligation constitutes the middle ground between a joint obligation and a solidary obligation.
Article 1210 distinguishes indivisibility between solidarity, indivisibility refers to the prestation, while solidarity refers to juridical or legal tie that binds the parties. In indivisible obligations only the debtor is guilty of breach of obligation is liable for damages, while in solidary obligations all of the debtors are liable for the breach of the obligation committed by a debtor. Indivisibility can exist although there is only one debtor and one creditor, while in solidarity there must be at least two debtors and two creditors. In indivisible obligations the others are not liable in case of insolvency of one debtor, while in solidary obligations the debtors are proportionately liable.
Article 1212 states that each one of the solidary creditors may do whatever may be useful to others, but not anything which may be prejudicial to the latter. A solidarity creditor may do any act beneficial or useful to the others but he cannot perform any act prejudicial to them since if he perform such acts the obligation will be extinguished and shall be responsible for damages.
Article 1213 states that a solidary creditor cannot assign his rights without the consent of the others.
Article 1217 talks about the effects of payment by a solidarity debtor. Between the solidary debtors and creditors, full payment made by one of the solidary debtors extinguished the contract but the creditor has the right to choose which payment to accept if two or more solidary debtors offers to pay in full. Among the solidary debtors, after the full payment of the debt, the paying solidary can demand reimbursement from his co-debtors for their proportionate shares with the interest only from the time of payment wherein the obligation becomes joint, if one becomes insolvent, he shall be liable for his share. Among the solidary creditors, the receiving creditor is jointly liable to the others for their corresponding shares
Article 1218 states that 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.
Article 1219 states that the remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected.
Article 1221 talks about the rules in liability in case the thing becomes lost or the prestation becomes impossible. If it is lost without fault before delay then the obligation is extinguished, if it is lost through the fault of a solidary debtor then all debtors are now liable for price and damages but can recover from the negligent debtor, if it is lost without fault but after delay then all the debtors are now liable for everything.
Lastly, article 1222 talks about defenses available to a solidary debtor which are defenses derived from the nature of the obligation, defenses personal to, or to which pertain to share of, debtor sued, and defenses personal to other solidary debtors.
Melendrez, Ella Grace G.
1BSA-A
Below are the summary of my learnings:
Article 1207 - 1208. In individual obligation there is one obligee and one creditor while in collective obligation there are two or more obligee and obligor. Moreover, it can be joint or solidary. In joint obligation, each debtor and each creditor is proportionately liable. However, in solidary obligation each one of the debtors is bound to fulfill the entire obligation and each one of the creditors has the right to demand the prestation.
Article 1209. Joint indivisible obligation is joint in a sense that the liability of the debtors are divided proportionately among themselves.Indivisible obligations means that only the debtor guilty of breach of obligation is liable for damages while in solidary obligations all of the debtors are liable for the breach of the obligation committed by a co-debtor.
Article 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.
Article 1211. Uniform Solidary Obligations means that parties are bound with the same stipulations. On the other hand, non-uniform/varied solidary obligations are when parties are not subject to stipulations.
Article 1212. Solidary creditor may act beneficial to others but not act prejudicially because it can result in extinguishment of the obligation but can cause damages to others.
Article 1213. A solidary creditor cannot assign his rights without the consent of others.
Article 1214. If you are a solidary debtor, you can pay one solidary creditor and the obligation will be extinguished except that if one solidary creditor demands payment you need to pay him.
Article 1215. Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219.
Article 1216. The creditor may proceed against anyone of the solidary debtors or some or all of them simultaneously.
Article 1217. Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept.
Article 1218. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has been prescribed or becomes illegal.
Article 1219. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected.
Article 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.
Article 1221. As far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors.
Article 1222. The article talks about the defenses available to a solidary debtor.
Thank you, Atty. for the video lecture!
Alindogan, Genevieve M.
1BSA-A
Good day, Atty. Reyes! Thank you for this video lecture. This video discussed about the Section 4: Solidary and Joint Obligations.
Article 1207-1208.
1207. "The concurrence of two or more creditors or of 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 bound to render, entire compliance with the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity."
1208. "If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits."
Kinds of Obligation
Individual obligation- there is only on creditor and one obligor
Collective obligation- two or more creditors and obligors.
Joint obligation- is paid or fulfilled proportionately by the different debtors and it is demanded proportionately by the different creditors.
Solidary obligation- is each one of the debtors is bound to render payment or fulfillment of the obligation and each one of the creditor has a right to demand the entire obligation.
GENERAL RULE: Collective obligation presumed to be joint.
Kinds of Solidary Obligation
1. Passive solidarity(many debtors, only one creditor)-solidarity in the part of the debtors
2. Active solidarity(one debtor, many creditors)-solidarity on the part of creditors
3. Mixed Solidarity- solidarity on the part of the debtors and creditors
ACCORDING TO SOURCE:
Legal solidarity; Solidarity imposed by law.
Conventional solidarity; Solidarity is agreed upon by the parties
Real Obligation; Imposed by the nature of law
Article 1209. This article speaks of a joint indivisible obligation. It is joint to liabilities of the debtors or rights of the creditors but indivisible as to compliance.
Article 1210.
Indivisibility refers to the prestation, while solidarity refers to the juridical or legal tie that binds the parties.
~ In indivisible obligations, only the debtor guilty of breach of obligation is liable for damages.
~ Indivisibility can exist although there is only one debtor and one creditor, while in solidarity, there must be at least two debtors and two creditors.
~ In indivisible obligations, the others are not liable in case of insolvency of one debtor, while in solidary obligations, the others are proportionately liable.
Article 1211. "Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions."
Article 1212.
~ Solidary creditor may act beneficial to others but not act prejudicial because it may result to extinguishment of the obligation but can cause damages to others.
Article 1213. "A solidary creditor cannot assign his rights without the consent of the others."
Article 1214. "The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him."
~ The debtor may pay any one of the solidary creditors except that if any of the solidary creditors will demand for the payment, then the debtor need to pay to him.
Effects of payment by a solidary debtor:
1. Between the solidary debtors and creditor(s)
2. Among solidary debtors
3. Among solidary creditors
Remitted Debtor Consequences
Before remission Liable if the paying debtor paid in full
After remission Not liable if the paying debtor paid in full
When a co-debtor becomes insolvent Liable only for the co-debtor's share
Article 1221.
LOSS LIABILITY
Without fault before delay Obligation is extinguished
Due to a solidary debtor All debtors are liable for price and damages but can recover from
negligent debtor
Without fault after delay All debtors are now liable for everything
Article 1222.
Defenses available to a solidary debtor:
1. Defenses derived from the nature of the obligation.
2. Defenses personal to, or which pertain to share of, debtor sued.
3. Defenses personal to other solidary debtors.
Camas, Ma. Joyce Susanfei M.
1 BSA-B
Pamantasan ng Cabuyao
Summary of my understandings from this video:
Art. 1207
Art. 1208
Collective obligation presumed to be joint
When obligation solidary
(only when)
1. The obligation expressly so states
2. The law requires solidarity
3. The nature of the obligations require solidarity
Kinds of solidarity (according to)
The parties bound
a. Passive solidarity -solidarity on the part of the debtor -any of the debtor can be required to pay or fulfill the obligation or there are many debtors but only one creditor on the
b. Active solidarity -solidarity on the part of the creditors where any one of them can demand the fulfillment of the entire obligation there is only one debtor and many creditors
c. Mixed solidarity - solidarity on the part of the debtors and creditors-like where each one of the debtors is liable to render and each one of the creditors has a right to demand entire compliance with the obligation
Source
a. Legal solidarity or solidarity imposed by law conventional solidarity. One of the examples were legal solidarity is imposed by law is in case of joint tort feasors -the obligation imposed by law is solidarity
b. Conventional solidatiry or solidarity that is agreed upon by the parties
c. Real obligation- imposed by the nature of law example workmen's compensation law
In case that the characteristic of the obligation is dubious in character it is presumed to be joined in case of doubt as to whether the obligation is joint or solidary then it is to be presumed as joint there are kinds of solidarity obligation
Solidarity not presumed
The presumption is joint and not solidary
Art. 1209
Joint indivisible obligation
-in the sense that the liability of the debtors are divided proportionately among themselves but it is indivisible in the sense that it can only be complied all at once
-it cannot be partially performed
-the middle ground between a joint obligation and a solidary obligation
Art. 1210
- dichotomy between indivisibility and solidarity of obligation
Solidarity
- obligation of the debtors whether the debtors can be held liable to perform for the entire obligation
Divisibility or indivisibility
- whether the obligation can be performed in parts or not
As to when a debtor is guilty of breach of the obligation for example if a debtor did not comply with his own part of the contract the effect
In case that the obligation is indivisible only the guilty debtor is liable for damages
If the obligation is solidary and one of the solidarity debtors is guilty of violation of the contract then all of the solidarity debtors are liable to pay for damages since solidarity among them remains despite the bridge
Indivisible obligations -the others are not liable in case of insolvency of one debtor
Solidarity obligations - the other are proportionately liable
Art. 1211
There is solidarity even if
-there are variation in terms of how the obligation is to be performed or there can be solidarity
-the solidarity debtors have different periods and conditions in the performance of their obligation
Solidarity not affected by diverse stipuations
Art. 1212
The solidarity creditor may act beneficial to others but not act prejudicial because it can result in the extinguishment of the obligation and can cause damages to others
Art. 1213
Assignment by solidary creditor of his rights
Art. 1214
Payment to any of the solidary creditor
Each of the solidarity creditor can demand the performance of the entire obligation then if you are a solidarity debtor, you can pay to any of the solidarity credit for the entire obligation
No need to divide the payment to all of them, can pay one solidarity creditor and obligation will be extinguished except that if any of the solidarity creditor will demand for the payment then you have to pay to him
Art. 1215
Liability of solidary creditor in case of novation, compensation, confusion or remission
-should be liable
Effect of novation, etc. Where obligation joint-
-doesn’t extinguish/ modify the obligation
Art. 1216
Right of creditor to proceed against any solidary debtor
Art. 1217
Effects of payment by a solidary debtor
He will have to distribute the payment made in full to his co-solidarity debtors that is article 12 17.
Art. 1218
Effect of payment after obligation has prescribed or become illegal
--the obli extinguished
Art. 1219
Effect or remission of share after payment
--the remission/waiver is no effect / solutio indebiti arises
There are different effects in terms of payment before remission of debt and after the debt has been remitted
Remission -it was condoned by the creditor - no longer collect
If the payment is made in full before remission, then the debtor remains to be liable- because before the mission there was already payment in full which have extinguished the obligation
After remission, then he is not liable if the paying debtor paid in full because his obligation with respect to the solidarity creditors have been condoned already and therefore if his obligation has been condoned and other solidarity debtors will pay in full then he will not be liable
When co-debtor becomes insolvent, he is liable only for the co-debtors share take note class of this
Even if the solidarity creditor will condone the share of a solidarity debtor he will still be liable if one of his
Co-debtor will become insolvent
Just because your share was admitted by the solidarity creditors does not mean that you will no longer be liable in case one of the solidarity co-debtors become insolvent
Art. 1220
No right to reimbursement in case of remission
Art. 1221
In case that the solidarity debtor goes to the solidarity creditors and asks for remission of the debt since there is no payment the solidarity creditor or solidarity debtor is not entitled for reimbursement from his co-debtors otherwise it will amount to unjust enrichment because there was no payment made, only remission of the debt-because the debtor pays nothing to the creditor
1. Loss without fault or before delay then the obligation is extinguished
Even if the thing is lost but the obligor has already incurred delay, the obligation is not extinguished - must occur: without fault and before delay
2. Loss due to a solidarity debtor
All debtors are liable for the price and damages but can recover from the negligent debtor
3. Loss without fault and after delay
All debtors are liable for damages
Art. 1222
Defenses available to a solidary debtor (defenses)
1. Derived from the nature of the obligation
2. Personal to, or w/c pertains to share of, debtor sued
3. Personal to other solidary debtors
Sometimes the solidary debtors have defenses of their own which is only peculiar to them
1. Derived from the nature of the obligation
2. Personal to the solidarity debtor which pertain to the share of the debt or sued or defenses
3. Personal to the other solidarity debtors
Can set up the defenses pertaining to self or to the other solidarity debtors
Abion, Francine Joyce P.
1BSA-B
Good day, Sir! Thank you for the video lecture. Here are my key takeaways from the discussion.
Articles 1207-1208 talk about the kinds of obligations: the individual with one obligee and obligor and a collective obligation with two or more obligee and obligor. I've learned of two types of collective obligations: joint and solidary. Joint implies that the action to fulfill the obligations must be proportionately by different debtors, on the other hand, solidary obligation means each of the debtors is bound to fulfill the entire obligation. It is said that in general rule, in case of collective obligation is presumed to be joint. Also, there are three kinds of solidary obligation. The passive solidarity has many debtors but only one creditor. The active solidarity has one debtor but many creditors. Mixed solidarity is also one of the kinds of solidary obligation. It means each debtor must render, and each of the creditors should demand.
A joint indivisible obligation, as specified by Article 1209, implies that the debtors' liability is proportionately divided among themselves. It is indivisible because it can only be complied with or performed with all at once.
Article 1210 gives the dichotomy between solidarity and indivisibility of obligation. Solidarity does not necessarily imply indivisibility, and obligations' indivisibility does not give rise to solidarity. Indivisibility only refers to the prestation, and solidarity pertains to the legal tie. When it comes to indivisible obligations, the only one that may be held liable is the debtor who has committed a breach.
There is solidarity, although there is variation in terms of the obligation is to performed. There is also solidarity even if the obligors have different periods and conditions according to Article 1211.
Article 1212 refers that the solidary creditors can do whatever is in the best interests of the others. But a solidary creditor cannot grant or delegate rights without the others' consent, in line with Article 1213. Since each solidary creditor can demand the performance of the obligation, the solidary debtor can pay to any of them (Article 1214). In case of novation or remission of the debt made by both solidary creditors and debtors, the obligation will get extinguished (Article 1215). Solidary creditors have the choice to enforce the collection as long as the debt has not got fully recovered. The solidary creditor has the option of collecting payment from the solidary debtors. It can be either from any, some, and all solidary debtors (Article 1216). Article 1217, on the other hand, is an important provision that pertains to the effect of payment made by solidary debtors that may extinguish the obligation. In Article 1218, if the obligation becomes illegal, the payment made by a solidary debtor should not entitle him the reimbursement from his co-debtor. He is not also entitled to reimbursement from his co-debtors through remission (Article 1220). In Article 1219, the obligation gets extinguished if the payment is before the remission. But after the remission (condone by the creditor), it gives rise to solutio indebiti. Article 1221 talks about loss. It presents that as far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault of all solidary debtors. I've also seen and note that there are defenses for the solidary debtor that he can avail of (Article 1222). Defenses should be: derived from the nature of the obligation, personal to the debtor sued, and personal to other solidary debtors.
Thank you and God bless, Atty.
ALA, TRIXIE KLEIN ANNE L.
1BSA-A
Good evening, Atty. Reyes, thank you for this lecture video. I already watched all the part of chapter 1, 2 and 3. By reading the content of the book and with the help of your lecture video I learned the different articles and their corresponding meaning such as
SECTION 5
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
DIVISIBLE OBLIGATION- in its delivery or performance it is capable of partial fulfillment
INDIVISIBLE-not capable of partial performance
ARTICLE 1224
Effect of non-compliance by a debtor in a joint indivisible obligation.
Thing is indivisible liability of debtors are joint
If one of the joint debtors do not want to comply with obligation you will convert it into one damage.
ARTICLE 1225
Situation where obligation are deemed indivisible
Four instances obligation is deemed to be indivisible
1. Obligation to give definite things
2. Obligation w/c susceptible in partial performance
Ex. singing
3. Obligation provided by law to be indivisible even if thing or services is physically divisible
Ex. paying of taxes
4. Obligation intended by the parties to be indivisible even if thing or services is physically divisible
Obligation are deemed to be divisible
1. Obligations which have for their object the execution of a certain number of days of work
Ex. construction, paint in 10 days
2. Obligations which have for their object the accomplishment of work by metrical units (1.5 meters)
3. Obligations which by their nature are susceptible of partial performance
Ex. teaching oblicon subject for 1year in BSU- Divisible
Divisibility or indivisibility in obligations not to do.
Quiom, Christine B.
1BSA-B
These are the key points of what I learned in this video lecture:
Article 1207-1208 In joint obligation, the debtors/creditors are subject to fulfilled or demanded proportionately the obligation. In solidary obligation, each one of debtors/ creditors are bound to render or has a right to demand entire obligation. As a general rule, collective obligation presumed to be joint.
Article 1209 - Joint indivisible obligation is joint only as to liabilities but indivisible with regard to compliance.
Article 1210 - The liability may be either joint or solidary in an indivisible obligation and the subject matter may be divisible or indivisible in solidary obligation.
Article 1211- In solidary obligation, the parties may be bound with same stipulations or it may be varied.
Article 1212 - The prejudicial act of a solidary creditor will result to extinguishment of obligation and damages to others that’s why it is not valid. He can only do whatever useful but not prejudicial.
Article 1213-A solidary creditor cannot assign his rights without the consent of the others.
Article 1214- The payment of debtor may be made any one of solidary creditors.
Article 1215- Novation, compensation and remission of debts are forms of extinguishment of obligation.
Article 1216- As long as debt has not fully collected, solidary creditor has the right to choose whom he will execute the collection of debts.
Article 1217- The payment of one solidary debtor may extinguishes the obligation but the creditor may choose which offer to accept if two or more solidary debtors offer to pay.
Article 1218- If payment made by a solidary debtors become prescribed or illegal, he has no right to reimburse his payment to his co-debtors.
Article 1219- If payment is made before remission, obligation is extinguish but if payment is made after remission, solutio indebiti arises.
Article 1220- When remission of the entire obligation was obtained by one of the solidary debtors, he is not entitle to reimburse from his co-debtors because remission is gratuitous.
Article 1221- In solidary obligation, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors.
Article 1222-The defenses available to a solidary debtor may derived from nature of obligation, of those personal to him, or pertain to his own share and personal to other solidary debtors.
Thank you Atty.!
Agdefa, Cristine Bernadette Y.
1BSA-B
Good Day, Atty.!
Here are my key points regarding the video lecture or the section 4 of the different kinds of obligations (obligations based on the number of parties). And what I've discovered so far.
The first article talks about the presumption of collective obligations or those obligations with two or more creditors/debtors. Article 1208 defines solidarity and joint obligations. It also state the three types of solidarity according to the parties bound; the passive which is on the part of the debtor, the active which on the part of the creditor, and the mixed which is the solidarity on the part of both parties. And three according to the source; Legal, Conventional and Real obligation. Article 1209 refers to a joint indivisible obligation in which prestation cannot be performed in part while each debtor is held proportionately liable. The liability in an indivisible obligation can be joint or solidary, and the subject matter can be divisible or indivisible, according to Article 1210. The next article discusses although the creditors and debtors are not bound in the same way or by the same terms and conditions, solidarity may exist. Article 1212, connotes that the solidarity creditor may act beneficial to others but not act prejudicial because it can result in the extinguishment of the obligation plus damages. Article 1213 prohibits solidary creditor to assign his right without consent of the others. Also, according to Article 1215, without prejudice to the provisions of Article 1219, any novation, compensation, confusion, or remission of the debt made by any of the solidary creditors or with any of the solidary debtors shall extinguish the obligation. Moving on, article 1219 state that the remission by the creditor of a share that affects one of the solidary debtors does not absolve the latter of his responsibility to the co-debtor if the debt was fully paid by either of them before the remission. In connection, the remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors (based on article 1220). Article 1221 discussed the effect of the obligation if the prestation is loss or has become impossible. Lastly, article 1222 indicates the defenses available to a solidary debtor.
Thank you very much, Atty.!
Claris M. Paligar
1BSA-A
Some take aways in this topic
ARTICLE 1207-The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the formers has a right to demand, or that each one of the latter is bound to render, entire compliance with the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. ARTICLE 1208-If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. (1138a).
ARTICLE 1209-If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share. ARTICLE 1210-The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility ARTICLE 1211-Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. ARTICLE 1212- Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. ARTICLE 1213 - A solidary creditor cannot assign his rights without the consent of the others. ARTICLE 1214-The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him.
ARTICLE 1215 - Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of
Article 1219-The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them.
ARTICLE 1216 - The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected.
ARTICLE 1217-Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the debt is due, no interest for the intervening period may be demanded.
ARTICLE 1218 - 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.
ARTICLE 1219 - The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was affected.
ARTICLE 1220 - The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. (n)
ARTICLE 1221 - If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished.If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor.
ARTICLE 1222 - A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible.
Tenorio, Jeane Antonette E.
1BSA-B
Pamantasan ng Cabuyao
Here are my notes from this lecture.
Article 1207
Kinds of Obligations
1. Individual obligation- one where there is only one obligor and one oblige.
2. Collective obligation- one where there are two or more debtors and/or two or more creditors. It may be joint or solidary.
Kinds of collective obligation
1. Joint obligation- one where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or 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 a right to demand from any of the debtors, entire compliance with the prestation.
In article 1207 to 1208, the general rule is: collective obligation presumed to be joint.
Kinds of Solidary obligation
According to parties bound:
1. Passive solidarity- solidary on the part of the debtors, where any one of them can be made liable for the fulfillment of the entire obligation (many debtors, only one creditor).
2. Active solidarity- solidarity on the part of the creditors, where any one of them can demand the fulfillment of the entire obligation (one debtor, many creditors).
3. Mixed solidarity- solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand, entire compliance with the obligation.
According to source:
1. Legal solidarity- solidarity imposed by the law.
2. Conventional solidarity- solidarity is agreed upon by the parties.
3. Real obligation- imposed by the nature of law.
Solidarity is not presumed. The presumption, there are two or more persons in the same obligation, is that it is a point.
Article 1209. This article speaks of a joint indivisible obligation.
It is joint because the parties are merely proportionately liable. It is indivisible because the object or subject matter is not physically divisible into different parts.
Article 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.
Difference between indivisibility and solidarity:
• Indivisibility refers to the prestation, while solidarity refers to the juridical or legal tie that binds the parties.
• Indivisible obligation, only the debtor guilty of breach of obligation is liable for damages, while in solidary obligation, all the debtors are liable for the breach of obligation committed by a debtor.
• Indivisibility can exist although there is only one debtor and one creditor, while solidarity, there must be at least two debtors or two creditors.
• Indivisible obligation, the others are not liable in case of insolvency of one debtor, while in solidary obligations, the other debtors are proportionately liable.
Liability in an indivisible obligation may be either joint or solidary. Solidary obligation, the subject matter may be divisible or indivisible.
Article 1211. Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions.
Kinds of solidarity obligation according to the legal tie
1. Uniform- when the parties are bound by the same stipulations
2. Non-Uniform or varied- when the parties are not subject to the same stipulation
Article 1212. Each one of the solidary creditors may whatever may be useful to the others, but not anything which may be prejudicial to the latter.
Solidary creditors may act beneficial to others but not act prejudicial because it can result to extinguishment of the obligation but can cause damages to others.
Article 1213. A solidary creditor cannot assign his rights without the consent of the others.
Article 1214. The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made one of them, payment should be made to him.
Article 1215. Novation, compensation, confusion or remission of the debt, made any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of article1219. The creditors who may have executed aby if these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them.
Article1216. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be ab obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected.
Article 1217
Effects of payment by solidary debtors:
1. Between the solidary debtors and creditors- full payment made by one of the solidary debtors extinguishes the contract but the creditor has the right to choose which payment to accept if two or more solidary debtors offer to pay.
2. Among the solidary debtors- after payment of the debt, the paying solidary debtor can demand reimbursement from his co-debtors for their proportionate shares with (legal) interest only from the time of payment.
3. Among the solidary creditors- the receiving creditor is jointly liable to the others for their corresponding shares.
Article 1218. Payment by a solidary debtor shall not entitle him to reimbursement from hi co-debtors if such payment is made after the obligation has prescribed or become illegal.
Article 1219. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt has been totally paid by anyone of them before the remission was affected.
• Payment before remission- obligation is extinguished.
• Payment after remission- solution indebiti arises.
It is necessary for the debtors to prove the remission to the payment to release him form responsibility towards his co-debtors.
This is to prevent fraud whereby the creditor remits the share of a particular debtor.
This secures the equality and justice to the paying debtor inasmuch as the payment benefits his co-debtors.
Laarni Joy Cabanela
1BSA-A
Pamantasan ng Cabuyao
Good Day, Atty. Here is the summary of what I have learned in this video.
ARTICLE 1207
The concurrence of two or more creditors or of 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 the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity.
ARTICLE 1208
If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits.
ARTICLE 1209
If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share.
ARTICLE 1210
The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.
ARTICLE 1211
Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions.
ARTICLE 1212
Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter.
ARTICLE 1213
A solidary creditor cannot assign his rights without the consent of the others.
ARTICLE 1214
The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him.
ARTICLE 1215
Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219.
The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them.
ARTICLE 1216
The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected.
ARTICLE 1217
Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept.
He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the debt is due, no interest for the intervening period may be demanded.
When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be borne by all his co-debtors, in proportion to the debt of each.
ARTICLE 1218
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.
ARTICLE 1219
The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected.
ARTICLE 1220
The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.
ARTICLE 1221
If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished.
If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor.
If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply.
ARTICLE 1222
A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible.
Thank you and God bless Atty.
Taup, Ashley Nicole
Pamantasan ng Cabuyao
1BSA-A
Good day Atty. Reyes. Here is the summary of my learnings about this video lecture of Joint and Solidaryy Obligations:
Article 1207
- speaks of the solidary obligations, where each and every one of the solidary creditors can demand and each of the debtors must satisfy the same prestation.
Article 1208
- refers to joint obligations, where the whole obligation is to be fulfilled proportionately by the different debtors and/or is demanded proportionately by the different creditors.
Article 1209
- speaks of joint indivisible obligation. It is indivisible because the object is not physically divisible into different parts. Joint as to liabilities but indivisible as to compliance.
Article 1210
- states that the liability in an indivisible obligation may be either joint or solidary. In solidary obligation, the subject matter may be divisible and indivisible.
Article 1211
- states that it depends on the agreement of the parties in the terms and conditions stipulated.
Article 1212
- speaks that a solidary creditor may do any act beneficial or useful to the others but he cannot perform any act prejudicial to them. he shall be held responsible to the others for the damages.
Article 1213
- In the absence of consent given by the others, a solidary creditors cannot assign his rights to a third persons.
Article 1214
- this article is applicable to active solidarity. The debtor may pay to one of the creditors, but when a demand is made judicially or extra-juducially, payment should be made to him to avoid confusion.
Article 1215
- the creditor who executed ovation, compensation, confusion or remission of the debt, made by any of the solidary debtor or with any of the solidary debtors, should be liable to the others for their corresponding shares considering that such acts are prejudicial to them.
Article 1216
- says that in a solidary obligation, any one or some or all of the solidary debtors simultaneously, may be made to pay the debt so long as it has not been fully collected.
Article 1217
- refers to the effects of payments by one of the solidary debtors. This entitles him to claim reimbursement from his co-debtors.
Article 1218
- speaks the effect of payment where obligation has already prescribed or become illegal.
Article 1219
- refers to the effect of remission of share after payment.
Article 1220
- states that no right to reimbursement in case of remission because the debtor who obtains remission pays nothing to the creditor.
Article 1221
- pertains to the rules in case the thing has been lost or the prestation has become impossible.
Article 1222
- states the defenses available to a debtor.
Thank you for this video Atty. Have a good day!
SAHURDA, MARY LADY LOU C.
1BSA-A
SECTION 4 - JOINT AND SOLIDARY OBLIGATIONS
• Article 1207 states that if there are two or more debtors or creditors , it does not mean that each debtor is bound to render or each creditor has a right to demand. There is only solidary liability if the obligation was expressly so state or when the nature or law of the obligation requires.
• Article 1208 talks about debtors and creditors having equal shares unless provided by the stipulation.
Individual Obligation - there is only one obligor and one obligee
Collective Obligation - there are two or more obligor and oblige
- consists of Joint and Solidary Obligation
Joint Obligation - the obligation is fulfilled proportionately by all the debtors and the creditors will demand the debtors independently
Solidary Obligation - the whole obligation can be fulfilled by one of the obligors and one of the obligees can demand or pay any of the obligor for the whole obligation
o Kinds of Solidary Obligation according to the parties bound:
1. Passive Solidarity- any of the many obligors can fulfill the obligation to one obligee
2. Active Solidarity- any of the many obligees can demand the obligation to one obligor
3. Mixed Solidarity- each one of the obligor is liable for the fulfillment of the obligation and each one of the obligee has the right to demand for the fulfillment of the obligation
o Kinds of Solidary Obligation according to source:
1.Legal Solidarity- imposed by the law
2. Conventional Solidarity- agreed upon by the parties
3. Real Obligation- imposed by nature of law
• Article 1209 discusses about Joint Indivisible Obligation that cannot be divided and performed partially. It is joint as the obligor’s liabilities and indivisible as to the compliance of the obligee.
• Article 1210 tells that the liability in an indivisible obligation can either be joint or solidary and the subject matter of solidary obligation may be divisible or indivisible. Indivisibility Obligation will only held liable the guilty obligor, while Solidary Obligation can be divisible or indivisible and all the obligors can be liable for non-compliance.
• Article 1211 states that solidary obligations of obligors and obligees may have different periods and conditions.
• Article 1212 talks about solidary creditors who can do whatever beneficial and useful to the other, but not anything illegal or prejudicial to others.
• Article 1213 said that a solidary creditor should assign his rights to another with the consent of the other creditors.
• Article 1214 means that the obligor may pay one of the solidary creditors, except when any of the obligee made a demand, then the obligor should pay him.
• Article 1215 pertains to the effect of novation, compensation, confusion or remission which is extinguishment of the obligation.
• Article 1216 pertains to the right of the creditor to determine who among the solidary debtor he will enforce the collection. It can be the solidary debtors, some of the solidary debtors, or all of the solidary debtors as long as the debt has not yet been fully collected.
• Article 1217 is all about the payment of solidary debtor wherein the full payment of one of the solidary debtors extinguishes the contract but the creditor has the right to choose which payment to accept if two or more debtors offer to pay. The one who made the full payment have the right to reimburse the share of his co-debtors together with interest if the payment was not made in time. In case a debtor is insolvent, co-debtors will shoulder his payment.
• Article 1218 said that the co-debtors are not liable and does not need reimbursement for their share of payment if the paymentof the solidary debtor is illegal.
• Article 1219 means that if the payment is made before the remission, then the debt extinguishes the obligation. But if payment is made after the remission, then it will results to solutio indebiti. It means that debtor needs to prove the remission so that he will not be liable.
• Article 1220 states that the solidary debtor who has a remission to the whole obligation is not entitled to reimbursement there was no payment.
• Article 1221 tackles about the loss or impossible performance the of prestation. Obligation will be extinguished if the loss is without the fault of the debtor and before delay. All debtors are liable for price and damages if the loss is due to debtor’s fault, but they can reimburse it from the negligent debtor. However, debtors are liable for everything if the loss is without the debtor’s fault and after delay.
• Article 1222 is all about the available defenses to a solidary debtor such as defenses derived from the nature of the obligation, defense personal to, or which pertain to share of, debtor used, defenses personal to the other solidary debtors.
Thank you, Atty. Reyes for the video lecture.
Dela Chica, Beniline D.
1BSA-B
Good Evening, Atty. This is the summary of what I have learned in this video.
Art. 1207-1208 explains to us the kinds of obligations according to the number of parties which are individual obligations or one where there is only one obligor or one obligee, collective obligation or one where there are two or more debtors and creditors. Under this is the joint and the solidary obligations. Joint obligation is one where the whole obligation is paid or demanded proportionally by the different debtor/s and creditor/s while Solidary obligation is one where each one of the debtor is bound to fulfill the entire obligation and the each one of the creditor has a right to demand the entire compliance with the prestation. As the general rule, in case of collective obligation, the obligation is presumed to be joint. In case of doubt as to whether the obligation is joint or solidary, then it is to be presumed as joint. On the contrary, there are different kinds of solidary obligations according to parties bound and sources. According to the parties bound, there are three kinds of obligation, passive, active, and mixed solidarity. As to sources, legal, real and conventional solidarity. A joint indivisible obligation is discussed under Article 1209 where it is joint as to liabilities of debtor or rights of the creditor while it is indivisible as to compliance. Article 1210 explains the dichotomy between indivisibility and solidarity of obligation. Article 1211 refers to the kinds of solidary obligation according to the legal tie which are the uniform and non-uniform or varied. Article 1212 concerns that the solidary creditors may act beneficial to others but not act prejudicial. On the other hand, a solidary creditor cannot assign his rights without the consent of the others (Article 1213). I also learned from Article 1214-1222 the payment of the creditor to any of the solidary creditors, the effects of novation, compensation, and confusion or remission in solidary creditor, the right of the creditor to proceed against any solidary debtor, the effects of payment by a solidary debtor by which are between the solidary debtors and creditors, among the solidary debtors, and among the solidary creditors, the effects of payment by solidary debtor after the obligation has become illegal, the effects of remission of share after payment of debtors, the remission of the whole obligation obtained by one of the solidary debtor does not entitle him to have a reimbursement from his co-debtors, the rules in case the thing has been lost without the fault of the debtor before delay, if loss is due to fault on the part of a solidary debtor, and the loss without fault before delay, and lastly the defenses available to a solidary debtor.
Marjes, Hazel-Ann B.
1BSA-B
1207-1208
Actions of debtor or obligor to the obligation
Joint Obligation- paid or fulfilled proportionately by the different debtors
Solidary Obligation- each one of the debtor is bound to render payment or fulfillment of the obligation
Actions of creditor or obligee to the obligation
Joint Obligation- is to be demanded proportionately by the different creditors
Solidary Obligation- each one of the creditors has a right to demand entire compliance with the prestation
Collective obligation presumed to be joint
According to the parties bound:
1. Passive solidarity: solidarity in the part of the debtor. Any of the debtor can pay or fulfill the obligation (many debtors, only one creditor)
2. Active solidarity: solidarity on the part of the creditors, where anyone of them can demand the fulfillment of where anyone of them can demand the fulfillment of the entire obligation (one debtor, many creditors)
3. Mixed solidarity: solidarity on the part of the debtors and creditors, where each one of the creditors has a right to demand, entire compliance with the obligation
According to source
1. Legal solidarity: solidarity imposed by law
2. Conventional solidarity:solidarity is agreed upon by the parties
3. Real obligation: imposed by the nature of law
Solidarity not presumed. The presumption, there are two or more persons in the same obligation, is that it is joint.
1209
This article speaks of a joint indivisible obligation. It is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance. This obligation constitutes the middle ground between a joint obligation and solidarity obligation.
1210
The first sentence of Art. 1210 simply means that the liability in an indivisible obligation may be either joint or solidary. The second sentence means that in a solidary obligation, the subject matter may be divisible or indivisible.
1211
Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions
1212
Solidary creditor may act beneficial to others but not act prejudicial because it can result to extinguishment if the obligation but can cause damages to others
1213
A solidary creditor cannot assign his rights without the consent ot the others
1214
The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him
1216
Solidarity has the choice to determine againts whom he will enforce the collection. It csn be either;
1. Any one of the solidary debtors
2. Some of the solidary debtors
3. All of the solidary debtors
1217
Effects of payment by a solidary debtor:
1. Between the solidary debtors and creditor(s)- full payment made by one of the solidary debtors extinguishes the contract but the creditor has the right to choose which payment tp accept if two or more solidary debtors offer to pay (in full)
2. Among solidary debtors- after the full payment of the debt, the paying solidary debtor can demand reimbursement from his co-debtors for their proportionate shares with the interest only from the time of payment wherein the obligation becomes joint. If one become insolvent, he shall be liable for his share.
3. Among solidary creditors- the receiving creditor is jointly liable to the others for their corrresponding shares
1219
It is necessary for the debtor to prove the remission to the payment to release him from responsibility towards his co-debtors
This is to prevent fraud whereby the creditor remits the share of a particular debtor
This secures the equality and justice to the paying debtor in as much as the payment benefits his co-debtors
1221
As far as the creditor is concerned, the fault or delay of one solidary debtor shall be the fault or delay of all solidary debtors
If the creditor recovers the price and damages from the negligent debtor, the negligent debtor cannot claim reimbursement from the others because he alone was at fault
If the thing to be delivered belong to the negligent debtor, only he is liably to damages and interest
1222
Defenses available to a solidary debtor:
1. Defenses derived from the nature of the obligation
2. Defenses personal to, or which pertain to share of, debtor sued.
3. Defenses personal to other solidary debtors
Lagera, Rinalyn A.
PNC
1BSA-A
These are my takeways from your video discussions.
Different kinds of obligation
Article 1207-1209 Kinds of collective obligation one is the joint obligation where it states that, it is paid or fulfilled proportionately by different debtors while solidary obligation each one of the debtor is bound to render payment of fulfillment of obligation.
According to the parties passive solidarity is solidarity in the part of the debotr. any f the debtor can pay or fulfill the obligation. Next the active solidarity, in part of the creditors where anyone of them can demand the fulfillment of entire obligation. Third, mixed solidarity, part of the debtors and creditors where each one of the debtor is liable to render and each one of the creditors has a right to demand entire compliance with the obligations.
Article 1209-1212- There is joint indivisible obligation, the obligation is joint because the parties are merely propotionately liable. It is indivisible because object or subject matter is not physically divisible. Indivisibility distinguished from solidarity, refers to the prestation while solidarity refers to the juridical or ties that binds party. A solidarity creditor may act beneficial to the others but not act prejudicial because it can result to extinguishment of the obligationn but can cause damages to others.
Article 1215- Solidary creditor has the choice to determine against whom he will enforce the collection.
Article 1217- There are effects of payment by a solidary debtor one between the solidary debtors and creditors next among the solidary debtors and last among solidary creditor.
Article 1222
Defense available to a solidary debtors;
(1) defenses derived from the nature of the obligation.
(2) defenses personal to, or which pertains to share of, debtor used.
(3) defenses personal to other solidary debtors.
Isabel I. Lozada
1 BSA-A
Here are my key takeaways:
In Article 1207-1208, it gives enlightenment about the difference between an individual and collective obligation; in which, individual obligation has only one debtor and one creditor, while in the latter, there are two or more debtors and two or more creditors involved. Other than that, it was also mentioned about the dissimilarity between joint (wherein the entire obligation is bound to be paid or to be performed by the debtors proportionately) and solidarity (wherein the entire obligation is bound to be paid by each one of the debtors. The general rule is “Collective obligation presumed to be joint”. In addition, it also talks about the passive solidarity or the solidarity on the part of the debtors. Active solidarity or the solidarity on the part of the creditors. Lastly, mixed solidarity or the solidarity on the part of both the debtors and creditors. The general rule mentioned is that solidarity must be clearly expressed.
In Article 1209, it merely speaks about the joint indivisible obligation. It states the object to be complied with by the debtors is not subject to division, but their liabilities are still considered as joint.
In Article 1210, it is all about the dichotomy of indivisibility and solidarity. Indivisibility refers only to the object or prestation between parties, and when it comes to liability, only the debtor who is considered guilty is responsible for the damages. Solidarity pertain to the juridical tie that binds the parties, and when it comes to liability, all of the debtors will be considered liable.
In Article 1211, it is still considered solidarity in the part of the creditors and debtors even there are deviations in the manner, periods, and conditions.
In Article 1212, it states the each of the solidarity creditors can perform an act that will be fair to other creditors; otherwise, the obligation due to them may result into extinguishment.
In Article 1213, it was simply explained that the said solidarity creditor cannot assign or transferring of rights without the consent of his co-creditors.
In Article 1214, it talks about the payment of the debtor to his any of the solidary creditor; but if one of the solidary creditors demanded first, then the debtor must recognize him as his first priority.
In Article 1215, it talks about novation, compensation, confusion, or remission of debts acts executed by any of the solidary creditors or debtors shall make the obligation to become extinguished.
In Article 1216, it states that if the debt is still not paid completely then a solidary creditor can still choose to whom he will collect the debt in any one of the solidary debtors, some of the debtors, or all of the debtors.
In Article 1217, it pertains about the payment made of one of the solidary debtors; and he who paid the debts from the creditors may claim the payment of his co-debtors only to their shares with corresponding interest if it is after due, but if it is not then there shall be no interest added.
In Article 1218, if any of the solidary debtor paid after the obligation became prescribed and illegal, then he has no right to claim any share or payment to his co-debtors.
In Article 1219, it pertains that if the payment has been fulfilled before remission, then the obligation is considered as extinguished, which means there shall be no remission to be made. If the payment is after the remission, the solution indebiti will arise.
In Article 1220, there shall be no reimbursement made by a debtor to his co-debtors if his obligation’s remitted, since he did not spend any money to pay the creditor.
In Article 1221, if the object or prestation became impossible without the fault of solidary debtors then the obligation is said to be extinguished. If there is fault committed by any one of the, then all of them will be liable. If due to fortuitous event but there is a delay, then all of them will be liable as well.
In Article 1222, it is all about the defences of a solidary debtor. Defences from the nature of the obligation, from which is considered personal to him, or from which is considered personal to his co-debtors.
Thank you so much, Atty! I gained a lot of knowledge with the help of your video lecture.
Roble, Ramilyn M.
1BSA-A
Good Day, Sir. Here is the summary of my learnings from the video lecture about Section 4 Joint and Solidary Obligation.
Article 1207
-This article states that if there are two or more creditors and two or more debtors it does not imply that each of them has the right to demand as well as each one of them complies with the prestation. This means that there is an only solidary liability if the obligation was expressly so state or when the nature of the obligation requires solidarity.
Article 1208
- Tackles about the kinds of obligations according to the number of parties. It is an individual obligation when there is only one obligor and one obligee and it is a collective obligation when there are two or more debtors and two or more creditors and this may either be joint or solidary.
- It is a Joint Obligation when the whole obligation was proportionately fulfilled by the different debtors and also be demanded proportionately by the different creditors. However, it is a Solidary Obligation when each other debtors is bound to render and one of the creditors is bound to demand from any of the debtors.
- The Solidary Obligation is presumed to be joint if it is not expressly provided in the obligation.
- There are kinds of Solidary Obligations according to the parties bound: (1)Passive Solidarity is in the part of the debtor wherein it states that any of the debtors can pay or fulfill the obligations to one creditor. (2)Active Solidarity is on the part of the creditor where any one of the creditors has the right to demand the fulfillment of the entire obligation to one debtor. (3)Mixed Solidarity is on the part of the creditor and the debtor where each one of them is liable to render and each one of them has a right to demand. While according to source: (1)Legal Solidarity is a solidarity that is imposed by law. (2)Conventional Solidarity is solidarity that is agreed upon by the parties. (3)Real Obligation is imposed by the nature of law.
Article 1209
-This article talks about the joint indivisible obligation wherein the obligation can't be performed partially. Thus, it is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance.
Article 1210
-This speaks about solidarity obligation and its difference from the indivisibility obligation. Wherein solidary obligation pertains to debtor whether they are held to be liable to perform the entire obligation while indivisibility obligation pertains to whether the obligation can perform in parts or not.
Article 1211
-This article speaks about the kinds of solidary obligations according to the legal tie. It is consists of (1) Uniform when the parties are bound by the same stipulation. (2)Non-uniform or varied when parties are not subject to same stipulations.
Article 1212
-This article said that solidary creditor may do whatever that is useful to other but not anything which may be prejudicial to others.
Article 1213
-It is said that if one solidary creditor assigns his rights to another, it should have been agreed by other solidary creditors. He can't just assign without the consent of his co-creditors.
Article 1214
-This article said that the debtor may pay one of the solidary creditors but if any demand has been made by one of them, then the debtor should pay him.
Article 1215
-This tackles the effect of novation, compensation, confusion, or remission, it is said that if any of the following is present and made by any of the solidary creditors to any of the solidary debtors this extinguishes the obligations.
Article 1216
-This tackles the right of the creditor to determine who he will enforce the collection. It can be either any one of the solidary debtors, some of the solidary debtors, or all of the solidary debtors.
Article 1217
-This talks about the payment of solidary debtors. If one of the solidary debtors pays the creditor, he has the right to reimburse payment from his co-debtors. And if one of the debtors cannot because of insolvency, then his share shall be reimbursed by his co-debtors and there will be legal interest at the time of the payment.
Article 1218
-This article speaks that if the obligation becomes illegal the paying solidary debtor shall not be liable or is not entitled to reimbursement from his co-debtors.
Article 1219
-It speaks about the remission made by the creditor to one of the solidary debtors which states that the debtor is not released from his responsibility toward his co-debtors, in case the debt had been paid before the remission was effected. This is to prevent fraud
Article 1220
-This states that if one of the solidary debtors obtain a remission to the whole obligation, he is not entitled to reimbursement from his co-debtors because there was no payment made.
Article 1121
-This tackles the liability if a prestation has been lost or becomes impossible. If the prestation was loss without fault before a delay, the obligation is extinguished. If the loss due to a solidary debtor, all debtors are liable for price and damages but can recover from the negligent debtor. And if without the fault after delay, all debtors are now liable for everything.
Article 1222
-This tackles the defenses available to solidary debtor: (1)Defenses derived from the nature of the obligation. (2)Defense personal to, or which pertain to share of, debtor used. (3) Defenses personal to the other solidary debtors.
Thank you, Atty. for this video lecture.
Serrano, Kaela B
1BSA-A
Good Day Atty, Here are my takeaways under this lesson
Article 1207 talks about solidary obligation wherein each one of the debtors is bound to render and each of the creditor has a right to demand from any of the debtors.
Article 1208 talks about joint obligatkons wherein it is paid or fulfilled by the debtors proportionately.
Article 1209 deals with joint indivisible obligation. The obligation is joint because parties are proportionately liable but because the object is not physically divisible, it is called joint indivisible obligation
Article 1210
States that solidarity does not implied when the obligation is indivisible. Since indivisibility refers to prestation while solidarity refers to the juridical tie which binds the parties.
Article 1211 states that even though the debtors and creditors are not bound in the same manner, periods or conditions, solidarity may still exist.
Article 1212
A solidary creditor may do any act that is beneficial to the others but he cannot do any act prejudicial to them.
Article 1213 state sthat a solidary creditor cannot assign his rights without the consent of others.
Article 1214
if there is a demand to pay to this creditor, the debtor shall pay to him. But if it is not stated, the debtor can pay to any of the solidary creditor.
Article 1215
Talks about the extuingshment of the obligation which are Novation, compensation, confusion or remission of the debt.
Article 1216
Is only applicable to solidary obligation wherein any one or some of all the solidary debtors simultaneously pay the debt as long as it is not fully collected.
Article 1221
Deals with loss.
If it is loss without failt and before delay, the obligation shall be extuingshed.
If it is loss due to fault on the part of a solidary debtor, all lf the solidary debtors are liable for it is a mutual agency
Article 1222 deals with defenses available to a solidary debtor in an actions filed by the creditor.
Alcain, Allyssa Grazielle S.
1BSA-B
Here are the summary of what I have learned in this video:
Art. 1207-1208
This articles talks about the two kinds of obligation: individual obligation where it has one obligee and one obligor and collective obligation whereas it has two or more obligee and obligor.
There are two kinds of Collective Obligation: Joint obligation and Solidary Obligation.
The general rule for this activity is the collective obligation presumed to be joint.
Art. 1209 talks about joint indivisible obligation. It is joint as to liabilities of the debtors or rights of the creditors but indivisible as to compliance.
Art. 1210 pertains to the indivisibility distinguished from solidarity whereas indivisibility refers to the prestation while the solidarity refers to the juridical or legal tie.
In indivisible obligation, i means that only the debtor guilty of breach of obligation is liable for the damages. On the other hand, on the solidary obligation, all of thr debtors are liable for the breach of obligation.
Art. 1211 states that solidarity is existing even though the creditors and debtors are not bound to each other in terms of the manner and by the periods and conditions.
In uniform solidary obligation, parties are bound with same stipulations while in non-uniform solidary obligation, parties are not subject to same stipulations.
Art. 1212 This article states that the solidarity creditor may act beneficial to the others but it cannot preducial because it can result to extinguishment of the obligation.
Art. 1216 talks about the solidary creditor wherein he/she has a will to choose to whom he/she will enforce the collection. It can be to anyone of the solidary debtors, to some of the solidary debtors or to all of the solidary debtors as long as it is not fully collected.
Art. 1219 talks about that there are different effects in terms of payment before and after remission.
Before Remission- obligation is extinguished
After Remission- Solutio Indebiti arises.
Art. 1221 pertains to loss.
If the loss occurs without fault before delay, then the obligation is extinguished.
If the loss occurs due to solidary debtor, then all the debtors are liable for price and damages but can recover from negligent debtor.
But if the loss occurs without fault after delay, the all of the debtors are now liable for everything.
ALINTANAHIN, JERICHO B.
PnC 1BSA-A ObliCon (A.Y. 2021)
From this lecture, I have learned that obligation has 2 kinds and these are individual obligation and collective obligation. These two obligations vary when it comes to the number of obligee and obligor. In addition to this, collective obligation has 2 kinds also, these are joint and solidary obligations. When we say joint obligation, the debtors are proportionally liable to the obligation and the creditors are proportionally able to demand to the obligor. While, solidary obligation, the debtors are all liable and the creditors are all entitled to demand such performance from the obligor.
Another thing that I have learned is that payment has effects to the solidary debtors and creditors. The paying obligor has the right to demand reimbursement from his co-debtors after the full payment while the receiving creditor has the obligation to distribute the payment to the others for their corresponding shares. Also, I have realized that remission may arise if it is given by the creditor and if the obligor accept it.
So, these are summarization of the things that I have learned. Thank you for your discussion Atty. Narciso Reyes Jr. and keep safe.🤗❤