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Distinctly there also literally obligations and if you use the pronoun I and there are several better signing the promissory note that is a
solitary obligation so if you are not very good at your grammar and you confuse your eye and your week you may end up having a
solidarity obligation even if it is not intended so for young lawyers you want the joint obligation keep your mouth shut OK don't describe
because the moment you try to use you know sometimes you try to be cute and try to impress your client I'm using this word in order to
know you still location you might end up so the moment you have a solidarity obligation as we have said you can have solidarity on the
part of the debtors solidarity on the part of the creditors the most common one is of course solitary obligation on the part of the debtors
we called that passive solidarity quite possible because in any form of obligation the betters or the obligor are the passive parties why
are they passive and used to create this with the girls but I don't think I can make that equation anymore OK the passive part is only way
they do not initiate the girls no longer wait today so watch out gentlemen it's Valentine's Day so everyone now has a right to take the
initiative and to make the first move but for purposes of obligations and contracts the passive parties are the debtors you wait until the
creditors demand from you you wait until they try to collect from you you do not make the first initiative you do not make the offer of
course you get the general rule and in the natural scheme of things they get those just wait if you don't want to collect from me well and
good I will not of course offer to make payment if it is solidarity on the part of the creditors we call that active solidarity why active
because of this the opposite of the passing that crediters initiate the action they have the right to make a demand they have the right to
initiate the collection of the obligation so you solidarity can either be active solidarity or you can have passive solidarity can it be mixed
yes it can be mixed because you can have solidarity on both sides which is what we discussed earlier let's start with the rules on active
solidarity when we say active solidarity that means that creditors would have a right or each of the creditors who have the right to collect
the full amount of the obligation what are the rules if it is a case of active solidarity in the absence of any stipulation as to who is entitled
to receive the full amount of the obligation it is of course the 1st to make a demand it's not very common as I said to have active sylvatic
most cases you only have one creditor and you have several debtors but depending on how large and expensive the amount of the debt is
there are several instances that the creditors pulled together their funds and let the single or several letters excuse you talk about what
we call the syndicated loans this is a financial term they they call it syndicated because several banks enter into a syndicate and they
decide to lend to one group or one or two or three or several letters in most of the syndicated loan agreements you always have a
progression that talks about who should make the demand and who should receive the payment because it's unruly if you have several
crediters and they all start making a demand it becomes unruly and it removes the solidarity among themselves becausw they try to
outdo each other so in most cases where you have solidarity among the crediters invariably there is an agreement as to who gets to
collect the full amount of the obligation you will designate the bank account which is generally handled by one bank with an obligation of
course to deliver the share of the other banks that provided the financing OK that's how it works out so if you have a stipulation that let's
say you have ABC DE box a consortium of banks indicating a financing for one group and they are all considered a solidarity crediters
they will designate one will be the of course the the one who should collect and the one who's entitled to receive payment if you are at
better annual creditors are solid directly related or bound to each other that means you follow the stipulation in the agreement you pay
to the credit are designated in the agreement and if you don't pay for that credit or but you pay to other members of the bank consortium
what happens to your payment your payment is not valid you can be made to pay again OK obviously you can ask for the return of what
you paid to the one who is not entitled to receive it on the basis of unjust enrichment but as far as think as extinguishment of the
obligation is concerned the obligation is not extinguished by paying to the wrong party one of the rules of payment as we will discuss
later on is that you have to pay to the proper party yeah there's a stipulation that you have to pay to bank a you have to pay to bank A and
not to bank B because your payment to bank fee is not considered as well in failure in the absence of course of any stipulation of that
nature then we need to have the active parties really acting very actively and make the first man because the rule is if you have attacked a
case of active solidarity and the there is no stipulation as to who among the several solidarity creditors are vital to the full amount of the
application then the rule is it is the one that first makes a demand on the letter so whoever sensing the first valid demand of course
obviously if you're talking about those that required not arial or traditional demand then they will have to comply with the formalities
but as a general rule it's any form of demand in ordinary obligation so the the one who first sends a collection letter will be entitled to
receive payment once the demand has been made by one of the active solidarity crediters you had to pay to the creditor any other dim
and that will come after is no longer valid demand because the that you know it's casting stone once a demand has been made you had to
pay to the creditor first make a demand once you have paid to the credit are who is entitled under the agreement to receive the full
amount or he is the one that makes the the first demand in absence in the absence of any stipulation letters obligation is extinguished
what remains is the creditors obligation or the creditor who received the full payment the obligation now arises as to his obligation to
deliver the share of the others if the other solidarity creditors do not get the share what is the right of action against the solidarity debtor
who received the payment it's really an action for collection that's all if there is insolvency of the creditor who received the payment I
don't know how this would happen he receives the full amount of the obligation today tomorrow he becomes insolvent what happens OK
well nobody is going to observe his obligation in the meantime because it's only him who has that obligation to deliver the share of the
others and if it turns out to be insolvent then you just have to have your empty judgment and try to enforce it later the moment you find
that he has properties that you can go after so that's that's the way it works insofar as active solidarity is concerned in the case of passive
solidarity this is the more common one you have several vectors and add any depth or can be made to pay the full amount of the
application again when you talk about solidarity whether it is on the side of the debtor or on the side of the credit card you need either a
stipulation or a law that makes the obligation so little as far as the debtors liability is concerned you do not have the same rule as the first
to make the demand the rule in passive solidarity is the credit are or if you're talking about several crediters all of them can go against
only one of the solitary betters and can ask for the full amount of the obligation there are no other rules here except that because when
you talk about active solidarity once the demand has been made by one creditor that's it he only paid to that credit are here if you have
solidarity debtors if the creditor makes a demaOK have a nd on a it doesn't stop him from going after be for as long as the full amount of
the obligation has not been paid so in the same example that we have for the three handed browser is the credit are procedure against A
and he is only able to collect 100,000 that he can go against P for the remaining 200,000 if is able to collect the 200,000 from B then he
stops because the full amount of the obligation has already been extinguished but in the mean time that he changed his mind I don't like
to go against a I will proceed against P first long as he has not yet collected anything from a there is nothing that will prevent him or stop
him from proceeding against the rest for either the remaining part of the obligation or the full amount of the obligation if nothing has
been paid by the 1st letter that he has preceded against there are a few cases that you have there with respect to the effect of a solidarity
debtor dying in the meantime uh this is no effect on the solidarity credit are because solidarity credit are assuming something that can
survive is just taken over by the errors in the case of a solidarity debtor who dies there is of course your rule and remedial that you have
to claim against their state within a period of two years otherwise you may be considered as already late in the distribution because then
is would have distributed it among themselves as far as claiming against the eight estate is concerned this is really just going after their
state because in most cases monetary obligations or liabilities of their state they are not inherited by the airspy course you only inherit
liabilities of the odyssey's parent or your predecessor interest to the extent that there still properties remaining but it's not certainly
inherited so it's a liability of the estate so before distribution and we will talk about this in Wilson subsection before distribution of assets
of a deceased person is done all the liabilities of pieces I netted out of the assets remaining after the disease's that you have a period of
two years to do that if you don't do it within a period of two years can you still go after the heirs technically yes but only to the extent that
they have received something from this thing so if all the other creditors have made the claim within the two year. And you did not and
there are no other properties left that the heirs would inherit then you would not be able to select anything so a couple of these cases
there was an issue with respect to one of these solidarity debtors dying in the meantime the creditor did not make a claim on their state
within the two year. So the question is are you really required to make a claim on the estate within the two year. And ask the court has
explained it it really depends because as a creditor and you have a case of solidarity bettors ever right to proceed against anyone for the
full amount of the obligation the choice is yours so you can choose the living or you can choose the debt and if you're choosing the dead
you have to make a claim against estate within the two year. Provided for by the rules of court why would you go against a dead person
well you know if the dead person's surname is Ayala then you may want to proceed against his estate if the living person surname is
might have been luck you probably don't want to do that really depends on what is the best interest of the credit are so if you're able to
collect from the disease estate why bother to go against the living who may try to you know get away from his obligation so I guess the
room is very well stated now if you want to proceed against the estate of a deceased person who is a solidarity better and he died even
before making payment on his obligation then you filed the claim within the two year. If not then you can no longer claim against the
estate you have to proceed against the living but it doesn't mean that if you do not make a claim on the estate of the deceased solitary
better you can no longer collect the obligation that's not entirely accurate because then you just limiting your choices you have to limit
your choice only with respect to those who are still living and collect the full above the application against the living I should possible for
several debtors who are solid early bound to offer to make payment it's not usual I mean letters don't normally come forward and offer
to pay the full amount of the obligation but if you have a situation where a B&C all offer to pay the full amount of the obligation can you
pick only age money yes you can pick only ace money it really depends on on the credit or because it is the red credit or who was the
right to choose whether he wants to proceed against any of all of the solidarity letters and he is Julie entitled to collect the full amount of
the obligation only from one of the solidarity debtors when it's only that it better is is is sued for payment there are several defenses that
he can race I don't think I have time to go into the different defenses so I will end there your assignment for next week will start from
where we left off what we have not been accomplished for this week and you include of course payment up to an including seven point
2.3 which is that ha ha ha section on session that's a special form of payment OK thank you guys for waiting for me and I'll see you on
Tuesday name the father and the son and the Holy Spirit Amen glory be to the father and to the son to the Holy Spirit