Joint & solidary obligations Practical exercises Law 101 –Obligations & Contracts #1 Joint debtors Single creditor D-1 Php12,000 loan How much is owed by each of D-1, D-2, D-3? Can C-1 demand PhP12k from D-1? C-1 D-2 D-3 #2 Single debtor Joint creditors Php12,000 loan D-1: how many debts are there? How much and to whom owed? C-1 D-1 C-2 #3 Joint debtors Joint creditors Php12,000 loan D-1 has how many obligations? How much and to whom owed? How about each of D-2 and D-3? D-1 D-1 C-1 D-2 C-2 D-3 #4 Joint debtors Joint creditors Php12,000 loan How much can C-1 demand from D-3? How much can C-1 and C-2 demand from D-3? D-1 D-1 C-1 D-2 C-2 D-3 D-3 #5 Joint debtors Joint creditors Php12,000 loan Can C-2 demand PhP4k (total) from D-1 and D2? If no, how much can C-2 collect from D-1 and D-2? Can C-2 demand PhP12k from D-1? D-1 C-1 12K? 4K? C-2 D-2 #6 Joint debtors Joint creditors Php12,000 loan Can C-2 demand/collect PhP12k from D-1 and D-2 and D-3? D-1 D-1 C-1 C-2 D-2 D-3D-3 #7 Joint debtors Joint creditors Php12,000 loan From #4. Upon demand of C-2, D-1 paid PhP12k to C-2. • What next for D-1? • What next for C-2? D-1 D-1 C-1 12k C-2 D-2 D-3 #8 Joint debtors Joint creditors Php12,000 loan D-3 is insolvent. Does that insolvency • affect the liability/share of D-1 and D-2 in the PhP12k loan? • affect the amount C-1 and C-2 can collect? D-1 D-1 C-1 D-2 C-2 D-3D-3 insolvent #9 Joint debtors Joint creditors Php12,000 loan C-1 realizes that the loan is about to prescribe, and sends written demand to D-1 to interrupt the running of the prescriptive period. Can D-2 and D-3 also claim the benefit of prescription if C-1 files a collection case later? D-1 D-1 C-1 D-2 C-2 D-3D-3 #10 Joint debtors Joint creditors Php12,000 loan D-1 D-1 C-2 forgives the share of D-2 knowing he lost his job. What is the effect of that remission- C-1 • on the share of D-1 and D3? • on the amount C-1 can collect from D-1 and D-3? • on the amount C-2 can collect from D-1 and D-3? C-2 D-2 D-3D-3 forgiven/ waived #11 Solidary debtors Joint creditors Php12,000 loan D-1: • how many obligations? • how much and to whom owed? How about each of D-2 and D-3? Solidary Debtors Joint Creditors D-2 D-1 C-1 D-2 D-3 C-2 #12 Solidary debtors Joint creditors Php12,000 loan How much can C-1 demand from D-3? How much can C-1 and C-2 demand from D-3 alone? Solidary Debtors Joint Creditors D-2 D-1 C-1 D-2 D-3 C-2 #13 Solidary debtors Joint creditors Php12,000 loan Can D-1 pay only to C-1? Or should he pay both at the same time? Solidary Debtors D-2 D-1 Joint Creditors C-1 D-2 D-3 C-2 #14 Solidary debtors Joint creditors Php12,000 loan Upon demand of C-2, D-1 paid PhP12k to C-2. What are the rights of D-1 vs. D-2 & D-3? Solidary Debtors Joint Creditors D-1 C-1 D-2 D-3 12K C-2 #15 Solidary debtors Joint creditors Php12,000 loan Upon demand of C-2, D-1 paid PhP12k to C-2. What are the rights or obligations of C-2 vs. C-1? Solidary Debtors Joint Creditors D-1 C-1 D-2 D-3 12K C-2 #16 Solidary debtors Joint creditors Php12,000 loan Before D-1 can pay to C-1, C-2 made a demand on D-1. To whom should D-1 pay? Solidary Debtors D-1 Joint Creditors C-1 D-2 D-3 C-2 #17 Solidary debtors Joint creditors Php12,000 loan C-2 owes D-2 PhP4k and agrees to set-off the same against whatever D-2 owes the creditors. What is the effect of that set-off • on the total amount owing to C-1 and C-2? Solidary Debtors Joint Creditors D-1 C-1 D-2 D-3 Set-off 4k C-2 #18 Solidary debtors Joint creditors Php12,000 loan Following the PhP4k set-off between C-2 and D-2, and the full payment of the loan by D-1: What are the reimbursement liabilities of D-2 and D-3 to D-1? Solidary Debtors Joint Creditors D-1 C-1 D-2 D-3 C-2 Set-off 4k #19 Solidary debtors Solidary creditors Php12,000 loan D-1: • how many obligations? • how much and to whom owed? Does the D-1 answer apply to each of D-2 and D-3? Solidary Debtors D-1 Solidary Creditors C-1 D-2 D-3 C-2 #20 Solidary debtors Solidary creditors Php12,000 loan How much can C-2 demand from D-2? How much can C-1 and C-2 demand from D-2 alone? Solidary Debtors D-1 Solidary Creditors C-1 D-2 D-3 C-2 #21 Solidary debtors Solidary creditors Php12,000 loan Can D-1 pay only to C-1, or he should pay both at the same time for the loan to be considered fully paid? What is the effect of D-1 paying his “share” of PhP4k to C-1? Of D-1 paying his “share” of PhP4k, split between C-1 and C2 at PhP2k each? Solidary Debtors D-1 Solidary Creditors C-1 D-2 D-3 C-2 #22 Solidary debtors Solidary creditors Php12,000 loan Upon demand of C-2, D-1 paid PhP12k to C-2. What are the rights of D-1 vs. D-2 & D-3? Solidary Debtors D-1 Solidary Creditors C-1 D-2 D-3 C-2 #23 Solidary debtors Solidary creditors Php12,000 loan Upon demand of C-2, D-1 paid PhP12k to C-2. What are the rights or obligations of C-2 vs. C-1? Solidary Debtors Solidary Creditors D-1 D-2 D-3 12k C-1 C-2 #24 Solidary debtors Solidary creditors Php12,000 loan Before D-1 can pay to C-1, C-2 made a demand on D-1 for PhP12k. To whom should D-1 pay? Solidary Debtors D-1 Solidary Creditors C-1 D-2 D-3 C-2 #25 Solidary debtors Solidary creditors Php12,000 loan C-2 has payables to D-2 in the amount of PhP5k and agrees to set-off the same against whatever D-2 owes the creditors. What is the effect of that set-off on – • the total amount owing to C-1 and C-2 – is there a reduction of the original PhP12k? • the individual shares of D-1, D2 and D-3 in the loan payable? Solidary Debtors Solidary Creditors D-1 C-1 D-2 D-3 set off 5k C-2 #26 Solidary debtors Solidary creditors Php12,000 loan After the PhP5k set-off between D-2 and C-2, D-2 single-handedly paid the loan to C-1: How much should each of • D-1 • D-3 reimburse D-2? Solidary Debtors D-1 Solidary Creditors p nt e m ay C-1 D-2 D-3 set off 5k C-2 #27 Solidary debtors Solidary creditors Php12,000 loan After the PhP5k set-off and the full payment by D-2 to C-1 how much should each of C-1 and C-2 receive out of such payment? Solidary Debtors D-1 Solidary Creditors p nt e m ay C-1 D-2 D-3 set off 5k C-2 #28 Solidary debtors Solidary creditors Php12,000 loan C-1 totally releases D-1 from his loan obligations. How much is the loan payable to the creditors? Solidary Debtors Solidary Creditors D-1 C-1 D-2 D-3 set off 5k C-2 #29 Solidary debtors Solidary creditors Php12,000 loan How much should each of C-1 and C-2 receive out of such payment? Solidary Debtors Solidary Creditors D-1 C-1 D-2 D-3 set off 5k C-2