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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 law or the nature
of the obligation requires solidary.
Article 1208
If from 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 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.
Collective obligation presumed to be joint
If the share of each debtor is not specified. The
presumption is that the obligation is joint.
As a consequence:
There are as many debts as there are
debtors
There are as many credits as there are
creditors
The debts and/or credits are considered
distinct and separate from one another
Each debtor is liable only for a
proportionate part of the debt
Each creditor is entitle only to a
proportionate part of the credit
Presumption subject to rules on multiplicity of suits
Seek to prevent the filing of two or more suits or
complaints for a single cause of action or the same
violation of the legal right of the plaintiff.
There is solidary liability only when:
the obligation expressly so states; or
The law requires solidarity; or
The nature of the obligation requires solidarity
Also exists when it is imposed in a final judgment
against several defendants
Passive Solidarity
Solidarity on the part of debtors

Any one of them can be made liable for the


fulfillment of the entire obligation
Nature of a mutual guarantee
Active Solidarity
Solidarity on the part of the creditors
Any one of them can demand the fulfillment of the
entire obligation

Mixed solidarity
Solidarity on the part of the debtors and creditors
where each of the debtors is liable to render,
and each one of the creditors has a right to demand,
entire compliance with the obligation
Conventional Solidarity
Where solidarity is agreed upon between parties
Legal Solidarity
Where solidarity is imposed by law
Example:
All partners are solidarily liable with the
partnership for any crime or quasi-delict
committed by any partner acting in the
ordinary course of business of the
partnership or with the authority of his
co-partners
Real Solidarity
Where solidarity is imposed by the nature of the
obligation
Solidarity not presumed
Solidary obligations are very burdensome for they
create unusual rights and liabilities,.
Solidarity between debtors increases their
responsibility
Solidarity between creditors increases the right of
each creditor
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 other shall not be
liable for his share.
Joint indivisible obligation
Indivisible because the object or subject matter is
not physically divisible into different parts
Constitutes the middle ground between a joint
obligation and a solidary obligation
Article 1210
The indivisibility of an obligation does not
necessarily give rise to solidarity. Nor does
solidarity of itself imply indivisibility
(Joint/Solidary) + (Indivisible/Divisible) Obligation
Indivisibility
Refers to prestation
Only the debtor is guilty of breach of obligation is
liable for damages
Can exists although there is only one debtor and one
creditor

In case of insolvency of 1 debtor, the others are not


liable.

Solidarity
Refers to juridical or legal tie that binds ties
All of the debtors are liable for the breach of the
obligation committed by a debtor
There must be at least 2 debtors and/or 2 creditors
The other debtors are proportionally liable
Article 1211

Solidarity may exist although the creditors and the


debtors may not be bound in the same manner and
by the same conditions

Solidarity is not affected by diverse stipulations


The rule is that the creditor may bring his action in
toto against any of the solidary debtors less the
shares of the other debtors with unexpired terms or
unfilled conditions who are entitled to defense s
under Article 1222.
Upon the expiration of the term or the fulfillment of
the condition, the creditor will have the right to
demand the payment of the remainder.